Hi Kanchan,

I have the following views:

First, the petitioners try to maintain a clearly defined dichotomy between 
telephone operator and other jobs. While the former is very specific, the 
later sounds very vague and such vagueness allows perfect ground for the 
discriminatory practices to be continued. Questions such as:

What kind of jobs should be included in the second category? What are the 
criteria's to bring certain kinds of jobs under this category? What happens 
when the technology becomes widely available so that certain jobs requiring 
visual perception can be successfully performed by a totally blind person 
with usage of the newly available modern technological resources? etc remain 
unaddressed in this PIL.

Second, Why only the telephone operator position to be reserved for totally 
blind? What happens if all the applicants in a given circumstances are 
partially blind? Will that post remain vacant under the ground that they 
haven't found any totally blind candidate?

Last but not the least, I don't understand the logic behind the tendency to 
divide certain jobs with the 50% allocation for partially and totally blind 
people respectively. Those jobs may attract different combinations and 
permutations of candidates and the proportion is not necessarily uniform all 
the time. In such circumstances, this provision may become a mean to always 
keep certain jobs vacant under the ground that there aren't sufficient 
candidates and the impact of such discriminatory practices may fall on 
totally as well as partially blind candidates. To be precise, there are so 
much of vagueness and one needs to clear the air before deciding the 
criteria for allocation of jobs to both the categories.

Vetri.

----- Original Message ----- 
From: "Pamnani" <[EMAIL PROTECTED]>
To: <[email protected]>
Cc: "K.Ramkrishna" <[EMAIL PROTECTED]>
Sent: Friday, January 19, 2007 11:09 PM
Subject: [AI] Bombay High Court


Here is another public interest litigation filed against the Maharashtra 
Government.
It is mainly on the point that the totally blind do not get jobs while the 
partially sighted get these jobs.
Here is the last order passed by the Bombay High Court. Need your comments 
so that a proper reply can be submitted.
     This kind of matter needs deep thought and proper consideration with 
plenty of discussion. all views are welcome off and on the list.




IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

PUBLIC INTEREST LITIGATION NO.75 OF 2006



Satyashodh & Ors.

 ......Petitioners.



V/s



State of Maharashtra & Ors. .....

Respondents.





Mr. U.P. Warunjikar for Petitioners.

Mr. V.P. Malwankar, AGP for Respondent Nos. 1 and 2.





CORAM: H.L. GOKHALE &

V.M.KANADE, JJ.

DATE : JANUARY 10, 2007



P.C.



1. Mr. Warunjikar, the learned Counsel for Petitioners, seeks to add 
National Association for Blinds and National Federation for Blinds as the 
additional respondents. They are to be added with a view to give some more 
information on the question which is involved in this matter.



2. Amendment to be carried out by Tuesday the 16 January, 2007. Issue notice 
to the added respondents, returnable on 24th January, 2007.



3. Mr. Malwankar, the learned AGP appearing on behalf of Respondent Nos. 1 
and 2, states that he will take instructions from the Commissioner for 
handicapped persons as to whether the Commissioner can make two 
recommendations to the State Government - (i) Whether certain kinds of jobs 
such as those of Telephone Operators etc. wherever reserved for blinds could 
be reserved only for the totally blind persons and (ii) whether the 
Commissioner can make general recommendation to the State Government that as 
far as other kinds of jobs are concerned, 50% of those jobs could be 
reserved only for totally blind persons.



4. S.O. to 24th January, 2007.



(H.L. GOKHALE, J.)



(V.M. KANADE, J.)





Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.


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