---------- Forwarded message ---------- From: Javed <[email protected]> Date: 12 May 2011 10:29 Subject: In India, HC orders Gujarat govt to appoint disabled person as assistant teacher To: HRLN Srinagar <[email protected]>, Secretariat <[email protected]>, "Raja K.R." <[email protected]>, syed8kt <[email protected]>, HANDICARE < [email protected]>, "rajive. raturi" <[email protected]>, mhareformindia <[email protected]>, Jayshree Raveendran < [email protected]>, Media <[email protected]>
In India, HC orders Gujarat govt to appoint disabled person as assistant teacher<http://mail.google.com/home-mainmenu-1/790-in-india-high-court-orders-gujarat-govt-to-appoint-disabled-person-as-asst-teacher.html> Ahmedabad, Gujarat: May 09: The High Court (HC) has directed the state government to appoint a disabled man as an assistant teacher after it found the government’s stand for denying him the job to be unjust and discriminatory. Justice Abhilasha Kumari passed the judgement last week while hearing the petition of one Rakesh Patel, who had approached the court after the state government’s primary education department denied him appointment as a ‘Vidya Sahayak’ (assistant teacher) with Art Teachers Diploma (ATD) under the physically-challenged category despite having the eligibility. The court said: “Judged in the background of the factual matrix of the case, there can be no doubt that the acts of omission and commission of the respondents (state government, director, primary education and Bhavnagar District Education Officer) are not only unjust and unfair, but also tainted by the vice of arbitrariness and discrimination.” The court directed the state government to appoint Patel as an assistant teacher in the disability category within one month from the date of receipt of its order. Patel had applied for the post of Assistant Teacher with ATD following an advertisement by the Bhavnagar DEO in April 2007. Of the 19 posts, one was reserved for disabled people. A merit list and a waiting list was prepared and Patel’s name was first in the waiting list. Another physically-disabled candidate, Dineshkumar Dhandhla, was in the merit list. Later during verification, it was found that Dhandhla had submitted bogus certificates. He was disqualified and a case was registered against him, but Patel, despite being first in the waiting list, was not given appointment. Thereafter, Patel made several representations to the DEO, but the latter delayed the appointment on two grounds — that the case against Dhandhla was still pending and that the validity of the waiting list prepared in 2007 had expired and was not applicable now. The Court said: “Taking such a stand amounts to encouragement of persons indulging in wrong practices at the cost of genuine candidates, such as the petitioner (Patel). Having failed to offer appointment to the petitioner at the relevant point of time, despite the fact that he was eligible and entitled thereto, the respondents cannot be permitted to take shelter behind technical stand that validity of the waiting list has expired, when they themselves are responsible for the delay.” Source: http://www.indianexpress.com -- Javed Ahmad Tak, Social Activist Honorary Chairman Humanity Welfare Organisation HEPLINE NGO, J&K Kashmir Bijbehara 192124 9469064964 -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
