-----Original Message----- From: vib-in...@googlegroups.com [mailto:vib-in...@googlegroups.com] On Behalf Of muthu selvi Sent: Thursday, July 12, 2012 1:15 PM To: vib-in...@googlegroups.com Subject: (VIB) High Court Comes Down Hard on Delhi Government and Autonomous Bodies: Yet another AICB's success
Dear Colleagues, I am forwarding an important information along with the copy of the judgement Passed by Delhi High court as a result of AICB's initiative. In a recent landmark judgment delivered by a Division Bench consisting of the Acting Chief Justice, Mr. Justice A.K. Sikri and Justice Rajeev Sahai Endlaw, the Honourable Delhi High Court has quashed an advertisement (no. 1/2011) issued by the Delhi Subordinate Services Selection Board (the recruitment body for Delhi Government and autonomous bodies). Through this advertisement more than 2000 vacancies were sought to be filled for various posts in the Delhi Government as well as in bodies such as M.C.D., NDMC, DFC, Delhi Jal Board, DSIIDC etc. The order to quash the said advertisement was passed while allowing a Public Interest Litigation petition filed by All India Confederation of the Blind (a self help national organization of the Blind). The petition prayed for the quashing of the advertisement in reference as it did not provide for the required reservation for persons with disabilities as mandated in the Persons With Disabilities Act. The Counsel for the petitioner, Mr. Rajan Mani argued that as this advertisement was in violation of Sections 32 and 33 of the Persons With Disabilities Act of 1995, the job prospects of several persons with disabilities had been denied. Most of the respondents conceded that the advertisement was in violation of the said Act. While Appreciating the attitude of the respondents in accepting the errors, the High Court held that the advertisement no. 1/2011, issued by the Delhi Subordinate Services Selection Board was in violation of Sections 32 and 33 of the Persons With Disabilities Act as well as in derogation of the notification of identified jobs for persons with disabilities issued by the Ministry of Social Justice & Empowerment, Government of India. While allowing the prayer of All India Confederation of the Blind, Mr. Justice Sikri and Mr. Justice Endlaw directed as under: "all these respondents shall send fresh requisition in accordance with the aforesaid notifications and request the DSSSB to issue fresh advertisement. We appreciate this gesture on the part of these authorities who have realized their mistake and are ready to take remedial steps. We are of the opinion that in a case like this, when the advertisement No.01/2011 was not in accordance with law and no appointments have been made so far against this advertisement, the process already undergone is liable to be scrapped and fresh process should be initiated after appropriate requisition is made by these authorities to the DSSSB identifying the posts suitable for disabled persons in accordance with the notifications dated 18.1.2007 and 15.3.2007". This laudable judgment of the Delhi High Court will ensure employment to several disabled persons. It can also be used by NGOs working in the disability sector in various states to ensure that their respective state governments identify and reserve posts for persons with disabilities in accordance with the MSJE notifications of 18.01.2007 and 15.03.2007. Thus, the tendency on the part of some state governments, not to follow the MSJE list of identified posts, can be countered through this judgment. (J.L. KAUL) Secretary General -- You received this message because you are subscribed to the Google Groups "Visually Impaired Bankers Of India" group. To post to this group, send email to vib-in...@googlegroups.com. To unsubscribe from this group, send email to vib-india+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/vib-india?hl=en. Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Reserve Bank of India accepts no liability for any damage caused by any virus transmitted by this email.
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