Re: [AI] Preparation tofilethepetitionagainsttheScribeGuidelines.....

2011-07-27 Thread prakash chand
strick action  should be taken by court against to these kind of officers.


On 7/27/11, HARSHVARDHAN SINGH NEGI harshvardhan.n...@gmail.com wrote:
 Same instructions should be followed in every exam whether it is banks or
 DSSB ETC.
 If VI community is not get up now then results are very very serious
 regarding getting jobs in future. They are behaving  like illiterate person,
 The factual position is because at present time No employer is ready to take
 VI persons. That is why they are behaving like this.

 Thanks
 HS Negi

 - Original Message -
 From: Amit Bhatt misterbh...@gmail.com
 To: accessindia@accessindia.org.in
 Sent: Tuesday, July 26, 2011 9:20 PM
 Subject: Re: [AI] Preparation
 tofilethepetitionagainsttheScribeGuidelines.


 Dear Akhilesh,

 It was a total mismanagement and misconduct shown by the examination
 Authority on 24th of July 2011.
 The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
 not allow those whose Scribe are under graduate. We all tried to make him
 understand but he was not ready to listen anything. when we asked him
 whether he can offer a job in SBI to the candidate who is under graduate?
 mr. Sanjay said no we won't because the candidate should be graduate as per
 the stipulated criteria. We knew what he would answer and this is exactly
 what he said! then we asked, when an under graduate cannot be offered job in
 your Bank, then how would you not consider the Scribe who is just appearing
 his graduation. The candidate or any person would not be called graduate
 unless he completes his graduate degree. Till the time he would be just
 known as a 12th pass student.
 When a Blind candidate wish to appear exam and demand to eliminate the rule
 of less than 60% then we are called cheater! When we try to make the people
 understand, then they say we are teaching them law!!! but I am surprised to
 see the logics and understanding of the senior officers like Mr. Sanjay
 Singh! . very Shame!

 Anyways, I am pasting the below observation of the Court defining the
 meaning of the one grade lower.

 Amita vs. Rajiv Yaduvanshi and Ors
 Filed Under: Section 31 Persons of the Disabilities Act, 1995
 Appellant: Amita
 Respondent: Rajiv Yaduvanshi and Ors.
 Citation: C.W.P. No. 2067 of 2003  3099 of 2003 Decided on 30.5.2003
 (Unreported)
 Court: In the High Court of Delhi
 Judges: B.C. Patel and A.K. Sikri

 Amita filed the present appeal against the order of the Delhi Subordinate
 Service Selection Board (DSSSB) of not allowing her to appear for the
 Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
 a B.A, second year student.

 Facts
 Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
 B. Ed degrees. At the time of the case, she was pursuing her further studies
 in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
 response to an advertisement issued by the Delhi

 Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
 of the Persons with Disabilities Act, certain posts were reserved for the
 visually handicapped persons. The DSSSB also issued instructions for the
 visually handicapped persons taking the examination.

 According to the instructions, a visually handicapped candidate had to
 arrange for his/her scribe (person who writes the exam for the visually
 handicapped persons) at his/her own cost. It was also mentioned in the
 instructions that the academic qualifications of the scribe should be one
 level below the minimum educational qualification required for the post.

 Amita made arrangements for her own scribe, a second year BA (Hons.)
 student. The examination commenced and Amita started answering questions
 through her scribe.

 However, after some time the officer-in charge came and took away the paper
 and the admit card on the ground that the scribe was a 2nd year student and
 could not be Amita's scribe. According to him, the Scribe should have been
 only XIIth pass and therefore she wasn't permitted to act as a scribe.

 Amita then filed the present petition. This petition was initially listed
 before the Single Judge of the High Court. However, Amita's lawyer made a
 submission before the Single Judge that the matter should be treated as
 public interest litigation as it was likely to affect a large number of
 blind students. The Single Judge accordingly referred the matter to a Higher
 Bench.

 In the meantime another writ petition was also filed in the nature of
 'public interest litigation' raising identical issues. An additional person,
 Monica Sharma filed another petition that raised similar issues. In these
 circumstances, these petitions were heard together by the Higher Bench of
 the High Court.

 Arguments made on behalf of Amita
 Amita's lawyer contended that the qualifications for the post were BA, B.Ed.
 while the qualification of the scribe which was that of a second year
 student of BA, was one level lower. According

Re: [AI] Preparation tofilethepetitionagainsttheScribeGuidelines.....

2011-07-26 Thread Kanchan Pamnani

Thanks Amit, I didnt know of this judgement.

Anyone  who has anything else to say about this case must say it now. It 
will definitely help.

Kanchan
 - Original Message - 
From: Amit Bhatt misterbh...@gmail.com

To: accessindia@accessindia.org.in
Sent: Tuesday, July 26, 2011 9:20 PM
Subject: Re: [AI] Preparation 
tofilethepetitionagainsttheScribeGuidelines.



Dear Akhilesh,

It was a total mismanagement and misconduct shown by the examination
Authority on 24th of July 2011.
The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
not allow those whose Scribe are under graduate. We all tried to make him
understand but he was not ready to listen anything. when we asked him
whether he can offer a job in SBI to the candidate who is under graduate?
mr. Sanjay said no we won't because the candidate should be graduate as per
the stipulated criteria. We knew what he would answer and this is exactly
what he said! then we asked, when an under graduate cannot be offered job in
your Bank, then how would you not consider the Scribe who is just appearing
his graduation. The candidate or any person would not be called graduate
unless he completes his graduate degree. Till the time he would be just
known as a 12th pass student.
When a Blind candidate wish to appear exam and demand to eliminate the rule
of less than 60% then we are called cheater! When we try to make the people
understand, then they say we are teaching them law!!! but I am surprised to
see the logics and understanding of the senior officers like Mr. Sanjay
Singh! . very Shame!

Anyways, I am pasting the below observation of the Court defining the
meaning of the one grade lower.

Amita vs. Rajiv Yaduvanshi and Ors
Filed Under: Section 31 Persons of the Disabilities Act, 1995
Appellant: Amita
Respondent: Rajiv Yaduvanshi and Ors.
Citation: C.W.P. No. 2067 of 2003  3099 of 2003 Decided on 30.5.2003
(Unreported)
Court: In the High Court of Delhi
Judges: B.C. Patel and A.K. Sikri

Amita filed the present appeal against the order of the Delhi Subordinate
Service Selection Board (DSSSB) of not allowing her to appear for the
Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
a B.A, second year student.

Facts
Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
B. Ed degrees. At the time of the case, she was pursuing her further studies
in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
response to an advertisement issued by the Delhi

Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
of the Persons with Disabilities Act, certain posts were reserved for the
visually handicapped persons. The DSSSB also issued instructions for the
visually handicapped persons taking the examination.

According to the instructions, a visually handicapped candidate had to
arrange for his/her scribe (person who writes the exam for the visually
handicapped persons) at his/her own cost. It was also mentioned in the
instructions that the academic qualifications of the scribe should be one
level below the minimum educational qualification required for the post.

Amita made arrangements for her own scribe, a second year BA (Hons.)
student. The examination commenced and Amita started answering questions
through her scribe.

However, after some time the officer-in charge came and took away the paper
and the admit card on the ground that the scribe was a 2nd year student and
could not be Amita's scribe. According to him, the Scribe should have been
only XIIth pass and therefore she wasn't permitted to act as a scribe.

Amita then filed the present petition. This petition was initially listed
before the Single Judge of the High Court. However, Amita's lawyer made a
submission before the Single Judge that the matter should be treated as
public interest litigation as it was likely to affect a large number of
blind students. The Single Judge accordingly referred the matter to a Higher
Bench.

In the meantime another writ petition was also filed in the nature of
'public interest litigation' raising identical issues. An additional person,
Monica Sharma filed another petition that raised similar issues. In these
circumstances, these petitions were heard together by the Higher Bench of
the High Court.

Arguments made on behalf of Amita
Amita's lawyer contended that the qualifications for the post were BA, B.Ed.
while the qualification of the scribe which was that of a second year
student of BA, was one level lower. According to the lawyer, the action of
the DSSSB was completely unjustified.

The lawyer also argued that such a provision for insisting that candidates
bring their own scribes was in violation with the provisions of Section 31
of the Act and it was the duty of DSSB to provide a scribe for Amita.

Arguments made on behalf of DSSSB
On the other hand, the DSSSB's lawyer argued that there were no instructions
issued by the Government on the subject of arrangement

Re: [AI] Preparation tofilethepetitionagainsttheScribeGuidelines.....

2011-07-26 Thread akhilesh
these are the clearcut guidelines put forth by the court. I think who
so ever is going to appear for the 7th august exam for the associate
banks of sbi, should bring this judgement with them. it'll help a
lot!!!

as far my understanding goes, not accepting these, would amount to
contempt of court.

dear amit ji,
I was also present at the same center at that day, but unfortunetly I
couldn't do anything as I was busy writing my own exam.

anyway, thanks a lot for sharing this Extremely important decision.

Akhilesh.


On 7/26/11, Kanchan Pamnani kanchanpamn...@gmail.com wrote:
 Thanks Amit, I didnt know of this judgement.

 Anyone  who has anything else to say about this case must say it now. It
 will definitely help.
 Kanchan
   - Original Message -
 From: Amit Bhatt misterbh...@gmail.com
 To: accessindia@accessindia.org.in
 Sent: Tuesday, July 26, 2011 9:20 PM
 Subject: Re: [AI] Preparation
 tofilethepetitionagainsttheScribeGuidelines.


 Dear Akhilesh,

 It was a total mismanagement and misconduct shown by the examination
 Authority on 24th of July 2011.
 The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
 not allow those whose Scribe are under graduate. We all tried to make him
 understand but he was not ready to listen anything. when we asked him
 whether he can offer a job in SBI to the candidate who is under graduate?
 mr. Sanjay said no we won't because the candidate should be graduate as per
 the stipulated criteria. We knew what he would answer and this is exactly
 what he said! then we asked, when an under graduate cannot be offered job in
 your Bank, then how would you not consider the Scribe who is just appearing
 his graduation. The candidate or any person would not be called graduate
 unless he completes his graduate degree. Till the time he would be just
 known as a 12th pass student.
 When a Blind candidate wish to appear exam and demand to eliminate the rule
 of less than 60% then we are called cheater! When we try to make the people
 understand, then they say we are teaching them law!!! but I am surprised to
 see the logics and understanding of the senior officers like Mr. Sanjay
 Singh! . very Shame!

 Anyways, I am pasting the below observation of the Court defining the
 meaning of the one grade lower.

 Amita vs. Rajiv Yaduvanshi and Ors
 Filed Under: Section 31 Persons of the Disabilities Act, 1995
 Appellant: Amita
 Respondent: Rajiv Yaduvanshi and Ors.
 Citation: C.W.P. No. 2067 of 2003  3099 of 2003 Decided on 30.5.2003
 (Unreported)
 Court: In the High Court of Delhi
 Judges: B.C. Patel and A.K. Sikri

 Amita filed the present appeal against the order of the Delhi Subordinate
 Service Selection Board (DSSSB) of not allowing her to appear for the
 Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
 a B.A, second year student.

 Facts
 Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
 B. Ed degrees. At the time of the case, she was pursuing her further studies
 in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
 response to an advertisement issued by the Delhi

 Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
 of the Persons with Disabilities Act, certain posts were reserved for the
 visually handicapped persons. The DSSSB also issued instructions for the
 visually handicapped persons taking the examination.

 According to the instructions, a visually handicapped candidate had to
 arrange for his/her scribe (person who writes the exam for the visually
 handicapped persons) at his/her own cost. It was also mentioned in the
 instructions that the academic qualifications of the scribe should be one
 level below the minimum educational qualification required for the post.

 Amita made arrangements for her own scribe, a second year BA (Hons.)
 student. The examination commenced and Amita started answering questions
 through her scribe.

 However, after some time the officer-in charge came and took away the paper
 and the admit card on the ground that the scribe was a 2nd year student and
 could not be Amita's scribe. According to him, the Scribe should have been
 only XIIth pass and therefore she wasn't permitted to act as a scribe.

 Amita then filed the present petition. This petition was initially listed
 before the Single Judge of the High Court. However, Amita's lawyer made a
 submission before the Single Judge that the matter should be treated as
 public interest litigation as it was likely to affect a large number of
 blind students. The Single Judge accordingly referred the matter to a Higher
 Bench.

 In the meantime another writ petition was also filed in the nature of
 'public interest litigation' raising identical issues. An additional person,
 Monica Sharma filed another petition that raised similar issues. In these
 circumstances, these petitions were heard together by the Higher Bench of
 the High Court.

 Arguments made on behalf

Re: [AI] Preparation tofilethepetitionagainsttheScribeGuidelines.....

2011-07-26 Thread Kanchan Pamnani

Thanks Amit, I didnt know of this judgement.

Anyone  who has anything else to say about this case must say it now. It 
will definitely help.

Kanchan
 - Original Message - 
From: Amit Bhatt misterbh...@gmail.com

To: accessindia@accessindia.org.in
Sent: Tuesday, July 26, 2011 9:20 PM
Subject: Re: [AI] Preparation 
tofilethepetitionagainsttheScribeGuidelines.



Dear Akhilesh,

It was a total mismanagement and misconduct shown by the examination
Authority on 24th of July 2011.
The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
not allow those whose Scribe are under graduate. We all tried to make him
understand but he was not ready to listen anything. when we asked him
whether he can offer a job in SBI to the candidate who is under graduate?
mr. Sanjay said no we won't because the candidate should be graduate as per
the stipulated criteria. We knew what he would answer and this is exactly
what he said! then we asked, when an under graduate cannot be offered job in
your Bank, then how would you not consider the Scribe who is just appearing
his graduation. The candidate or any person would not be called graduate
unless he completes his graduate degree. Till the time he would be just
known as a 12th pass student.
When a Blind candidate wish to appear exam and demand to eliminate the rule
of less than 60% then we are called cheater! When we try to make the people
understand, then they say we are teaching them law!!! but I am surprised to
see the logics and understanding of the senior officers like Mr. Sanjay
Singh! . very Shame!

Anyways, I am pasting the below observation of the Court defining the
meaning of the one grade lower.

Amita vs. Rajiv Yaduvanshi and Ors
Filed Under: Section 31 Persons of the Disabilities Act, 1995
Appellant: Amita
Respondent: Rajiv Yaduvanshi and Ors.
Citation: C.W.P. No. 2067 of 2003  3099 of 2003 Decided on 30.5.2003
(Unreported)
Court: In the High Court of Delhi
Judges: B.C. Patel and A.K. Sikri

Amita filed the present appeal against the order of the Delhi Subordinate
Service Selection Board (DSSSB) of not allowing her to appear for the
Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
a B.A, second year student.

Facts
Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
B. Ed degrees. At the time of the case, she was pursuing her further studies
in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
response to an advertisement issued by the Delhi

Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
of the Persons with Disabilities Act, certain posts were reserved for the
visually handicapped persons. The DSSSB also issued instructions for the
visually handicapped persons taking the examination.

According to the instructions, a visually handicapped candidate had to
arrange for his/her scribe (person who writes the exam for the visually
handicapped persons) at his/her own cost. It was also mentioned in the
instructions that the academic qualifications of the scribe should be one
level below the minimum educational qualification required for the post.

Amita made arrangements for her own scribe, a second year BA (Hons.)
student. The examination commenced and Amita started answering questions
through her scribe.

However, after some time the officer-in charge came and took away the paper
and the admit card on the ground that the scribe was a 2nd year student and
could not be Amita's scribe. According to him, the Scribe should have been
only XIIth pass and therefore she wasn't permitted to act as a scribe.

Amita then filed the present petition. This petition was initially listed
before the Single Judge of the High Court. However, Amita's lawyer made a
submission before the Single Judge that the matter should be treated as
public interest litigation as it was likely to affect a large number of
blind students. The Single Judge accordingly referred the matter to a Higher
Bench.

In the meantime another writ petition was also filed in the nature of
'public interest litigation' raising identical issues. An additional person,
Monica Sharma filed another petition that raised similar issues. In these
circumstances, these petitions were heard together by the Higher Bench of
the High Court.

Arguments made on behalf of Amita
Amita's lawyer contended that the qualifications for the post were BA, B.Ed.
while the qualification of the scribe which was that of a second year
student of BA, was one level lower. According to the lawyer, the action of
the DSSSB was completely unjustified.

The lawyer also argued that such a provision for insisting that candidates
bring their own scribes was in violation with the provisions of Section 31
of the Act and it was the duty of DSSB to provide a scribe for Amita.

Arguments made on behalf of DSSSB
On the other hand, the DSSSB's lawyer argued that there were no instructions
issued by the Government on the subject of arrangement

Re: [AI] Preparation tofilethepetitionagainsttheScribeGuidelines.....

2011-07-26 Thread Deepak Singla
hello all
i would like to appreciate inputs by all the members for taking up the issue.

i also want to say one thing more that can also be included in this
issue , if found right to do so by senior members: it is regarding the
circular issued by SBI for excluding a few categories of visually
impaired persons from recruitment and promotion. this clearly shows
their intentions not to offer opprotunities to visually impaired
persons and harass them in every manner. so they are doing such things
that happened on sunday.



On 7/27/11, Kanchan Pamnani kanchanpamn...@gmail.com wrote:
 Thanks Amit, I didnt know of this judgement.

 Anyone  who has anything else to say about this case must say it now. It
 will definitely help.
 Kanchan
   - Original Message -
 From: Amit Bhatt misterbh...@gmail.com
 To: accessindia@accessindia.org.in
 Sent: Tuesday, July 26, 2011 9:20 PM
 Subject: Re: [AI] Preparation
 tofilethepetitionagainsttheScribeGuidelines.


 Dear Akhilesh,

 It was a total mismanagement and misconduct shown by the examination
 Authority on 24th of July 2011.
 The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
 not allow those whose Scribe are under graduate. We all tried to make him
 understand but he was not ready to listen anything. when we asked him
 whether he can offer a job in SBI to the candidate who is under graduate?
 mr. Sanjay said no we won't because the candidate should be graduate as per
 the stipulated criteria. We knew what he would answer and this is exactly
 what he said! then we asked, when an under graduate cannot be offered job in
 your Bank, then how would you not consider the Scribe who is just appearing
 his graduation. The candidate or any person would not be called graduate
 unless he completes his graduate degree. Till the time he would be just
 known as a 12th pass student.
 When a Blind candidate wish to appear exam and demand to eliminate the rule
 of less than 60% then we are called cheater! When we try to make the people
 understand, then they say we are teaching them law!!! but I am surprised to
 see the logics and understanding of the senior officers like Mr. Sanjay
 Singh! . very Shame!

 Anyways, I am pasting the below observation of the Court defining the
 meaning of the one grade lower.

 Amita vs. Rajiv Yaduvanshi and Ors
 Filed Under: Section 31 Persons of the Disabilities Act, 1995
 Appellant: Amita
 Respondent: Rajiv Yaduvanshi and Ors.
 Citation: C.W.P. No. 2067 of 2003  3099 of 2003 Decided on 30.5.2003
 (Unreported)
 Court: In the High Court of Delhi
 Judges: B.C. Patel and A.K. Sikri

 Amita filed the present appeal against the order of the Delhi Subordinate
 Service Selection Board (DSSSB) of not allowing her to appear for the
 Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
 a B.A, second year student.

 Facts
 Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
 B. Ed degrees. At the time of the case, she was pursuing her further studies
 in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
 response to an advertisement issued by the Delhi

 Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
 of the Persons with Disabilities Act, certain posts were reserved for the
 visually handicapped persons. The DSSSB also issued instructions for the
 visually handicapped persons taking the examination.

 According to the instructions, a visually handicapped candidate had to
 arrange for his/her scribe (person who writes the exam for the visually
 handicapped persons) at his/her own cost. It was also mentioned in the
 instructions that the academic qualifications of the scribe should be one
 level below the minimum educational qualification required for the post.

 Amita made arrangements for her own scribe, a second year BA (Hons.)
 student. The examination commenced and Amita started answering questions
 through her scribe.

 However, after some time the officer-in charge came and took away the paper
 and the admit card on the ground that the scribe was a 2nd year student and
 could not be Amita's scribe. According to him, the Scribe should have been
 only XIIth pass and therefore she wasn't permitted to act as a scribe.

 Amita then filed the present petition. This petition was initially listed
 before the Single Judge of the High Court. However, Amita's lawyer made a
 submission before the Single Judge that the matter should be treated as
 public interest litigation as it was likely to affect a large number of
 blind students. The Single Judge accordingly referred the matter to a Higher
 Bench.

 In the meantime another writ petition was also filed in the nature of
 'public interest litigation' raising identical issues. An additional person,
 Monica Sharma filed another petition that raised similar issues. In these
 circumstances, these petitions were heard together by the Higher Bench of
 the High Court.

 Arguments made on behalf

Re: [AI] Preparation tofilethepetitionagainsttheScribeGuidelines.....

2011-07-26 Thread HARSHVARDHAN SINGH NEGI
Same instructions should be followed in every exam whether it is banks or 
DSSB ETC.
If VI community is not get up now then results are very very serious 
regarding getting jobs in future. They are behaving  like illiterate person, 
The factual position is because at present time No employer is ready to take 
VI persons. That is why they are behaving like this.


Thanks
HS Negi

- Original Message - 
From: Amit Bhatt misterbh...@gmail.com

To: accessindia@accessindia.org.in
Sent: Tuesday, July 26, 2011 9:20 PM
Subject: Re: [AI] Preparation 
tofilethepetitionagainsttheScribeGuidelines.



Dear Akhilesh,

It was a total mismanagement and misconduct shown by the examination
Authority on 24th of July 2011.
The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
not allow those whose Scribe are under graduate. We all tried to make him
understand but he was not ready to listen anything. when we asked him
whether he can offer a job in SBI to the candidate who is under graduate?
mr. Sanjay said no we won't because the candidate should be graduate as per
the stipulated criteria. We knew what he would answer and this is exactly
what he said! then we asked, when an under graduate cannot be offered job in
your Bank, then how would you not consider the Scribe who is just appearing
his graduation. The candidate or any person would not be called graduate
unless he completes his graduate degree. Till the time he would be just
known as a 12th pass student.
When a Blind candidate wish to appear exam and demand to eliminate the rule
of less than 60% then we are called cheater! When we try to make the people
understand, then they say we are teaching them law!!! but I am surprised to
see the logics and understanding of the senior officers like Mr. Sanjay
Singh! . very Shame!

Anyways, I am pasting the below observation of the Court defining the
meaning of the one grade lower.

Amita vs. Rajiv Yaduvanshi and Ors
Filed Under: Section 31 Persons of the Disabilities Act, 1995
Appellant: Amita
Respondent: Rajiv Yaduvanshi and Ors.
Citation: C.W.P. No. 2067 of 2003  3099 of 2003 Decided on 30.5.2003
(Unreported)
Court: In the High Court of Delhi
Judges: B.C. Patel and A.K. Sikri

Amita filed the present appeal against the order of the Delhi Subordinate
Service Selection Board (DSSSB) of not allowing her to appear for the
Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
a B.A, second year student.

Facts
Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
B. Ed degrees. At the time of the case, she was pursuing her further studies
in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
response to an advertisement issued by the Delhi

Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
of the Persons with Disabilities Act, certain posts were reserved for the
visually handicapped persons. The DSSSB also issued instructions for the
visually handicapped persons taking the examination.

According to the instructions, a visually handicapped candidate had to
arrange for his/her scribe (person who writes the exam for the visually
handicapped persons) at his/her own cost. It was also mentioned in the
instructions that the academic qualifications of the scribe should be one
level below the minimum educational qualification required for the post.

Amita made arrangements for her own scribe, a second year BA (Hons.)
student. The examination commenced and Amita started answering questions
through her scribe.

However, after some time the officer-in charge came and took away the paper
and the admit card on the ground that the scribe was a 2nd year student and
could not be Amita's scribe. According to him, the Scribe should have been
only XIIth pass and therefore she wasn't permitted to act as a scribe.

Amita then filed the present petition. This petition was initially listed
before the Single Judge of the High Court. However, Amita's lawyer made a
submission before the Single Judge that the matter should be treated as
public interest litigation as it was likely to affect a large number of
blind students. The Single Judge accordingly referred the matter to a Higher
Bench.

In the meantime another writ petition was also filed in the nature of
'public interest litigation' raising identical issues. An additional person,
Monica Sharma filed another petition that raised similar issues. In these
circumstances, these petitions were heard together by the Higher Bench of
the High Court.

Arguments made on behalf of Amita
Amita's lawyer contended that the qualifications for the post were BA, B.Ed.
while the qualification of the scribe which was that of a second year
student of BA, was one level lower. According to the lawyer, the action of
the DSSSB was completely unjustified.

The lawyer also argued that such a provision for insisting that candidates
bring their own scribes was in violation with the provisions of Section 31
of the Act