Justice Chandrachud is currently the CJ of Allahabad High Court. In Mumbai
matters concerning PWD would generally come before the Chief Justice Of
Bombay so I presumed it may be the same in Allahabad.
OK why cant you say that you are a candidate with low vision and these
scribe rules should extend to low vision as well and therefore to you. I
would think that this is an easier reasoning.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
----- Original Message -----
From: "Mohib Anwar Rafay" <[email protected]>
To: "AccessIndia: a list for discussing accessibility and issues
concerningthe disabled." <[email protected]>
Sent: Wednesday, June 10, 2015 3:20 PM
Subject: Re: [AI] Urgent,is low vision covered under the definition of
blindness?
Kanchan Ma'm, you are quoting me wrong. I never claimed that I am a
blind person, my whole argument is that having 70% visual impairment I
should be covered under the definition of blindness given under Sec
2(b) of PWD Act. Thus I am a blind person for the purposes mentioned
under the Persons with disabilities Act. I am aware that low vision is
a separet category defined under Sec 2(u) of the Act.
But I have to challenge the arbitrary action of the Public Service
Commission based on giving a narrow interpretation to the term "blind"
having 100% visual impairment only. While Sec 2(b) include both
categories, I.E. total absence of sight and visual acuity not acceding
6/60 or 20/200.
So how can you say that a person having 70% visual impairment is not
covered under the definition of blindness?
By the way how is the last para of your previous message i.e. "Chief
Justice Chandrachud has given many orders in favour of the Disabled
including accessible elections" is relevant to the case in hand?
went overhead!
On 6/10/15, kanchan Pamnani <[email protected]> wrote:
I am sorry I dont think you are on the right track.
Yes you are entitled to challenge the UP notification and get a scribe
for
the exam because you are a person with low vision but
it is not good idea to ask for yourself to be included as a Blind
person.
Chief Justice Chandrachud has given many orders in favour of the Disabled
including accessible elections..
Best wishes in your endeavour and please do keep me updated.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
----- Original Message -----
From: "Mohib Anwar Rafay" <[email protected]>
To: "AccessIndia: a list for discussing accessibility and issues
concerningthe disabled." <[email protected]>
Sent: Wednesday, June 10, 2015 1:11 PM
Subject: Re: [AI] Urgent,is low vision covered under the definition of
blindness?
Yes, my case is totally based upon the definition of blindness. I was
not allowed to appear in Uttar Pradesh public service Commission
examination on the same ground, that facility of the scribe is
permitted only to blind candidates. And according to them a person is
blind if he is having 100% visual impairment.
So the question is that whether I am covered under the definition of
blindness having 70% visual impairment? so that I can take the service
of the scribe.
Allahabad high court didn't grant me instant relief of reconducting my
examination along with the facility of the scribe.
The result of that preliminary examination has been declared and its
mains exam is scheduled to be conducted by the end of June and
Allahabad High court has listed the matter in July. That's why I had
to rush to supreme court for instant relief.
On 6/10/15, kanchan Pamnani <[email protected]> wrote:
Hi
You will have to read the definition of Low Vision too. Your case seems
to
be on a slippery ground.
However no Authority can deny you the use of a scribe etc.
So if you can avoid getting into the nitty gritty of blindness and just
fight on the need for a scribe, it would be better. I have not read all
the
mails on this subject as yet so please accept my suggestion as based on
limited facts.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
----- Original Message -----
From: "Mohib Anwar Rafay" <[email protected]>
To: "accessindia" <[email protected]>
Sent: Monday, June 08, 2015 11:21 PM
Subject: [AI] Urgent,is low vision covered under the definition of
blindness?
Hey experts, I would be thankful if somebody could explain to me the
section 2(b) of Persons with disabilities Act 1995.
For ready reference, I am reproducing the section as follows:
Sec2(b) define blindness, it provides “(b) "blindness" refers to a
condition where a person suffers from any of the following conditions,
namely:---
(I) total absence of sight.
(ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the
better eye with correcting lenses; or
(iii) limitation of the filed of vision subtending an angle of 20
degree or worse.”
Please explain to me the second and third point, so that I could argue
that a person who has 10% remaining sight, is covered by the
definition of blindness.
The case is that who is a blind person. One point is clear that who
has no sight is a blind person, but what is second and third point
--
Mohib Anwar Rafay
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