Agree Rajesh. Although, I appritiate the fact that, courts have helped the cause of the disabled at times in the past when the discremination by other agencies, however, when it comes to the judiciary itself, they do not want to make it applicable on themselves.
All this on the gorgious term of judicial independence. On 11/16/15, Asudani, Rajesh <[email protected]> wrote: > As supreme court has already indicated in cologium case, judiciary is well > above mundane laws and even unanimously passed constitutional amendments of > this country. > > So let us forget judicial reservations for PWD. > > > सादर / With thanks & Regards > राजेश आसुदानी Rajesh Asudani > सहायक महाप्रबन्धक AGM > बाजार आसूचना ईकाई MIU > भारतीय रिजर्व बैंक Reserve Bank of India > नागपुर Nagpur > > 0712 2806846 > > President > VIBEWA > Co-Moderator > VIB-India > > A-pilll = Action coupled with Positivity, Interest, Love, Logic and > laughter. > > > -----Original Message----- > From: AccessIndia [mailto:[email protected]] On Behalf > Of Kanchan Pamnani > Sent: Friday, November 13, 2015 9:02 PM > To: 'AccessIndia: a list for discussing accessibility and issues concerning > the disabled.' > Subject: [AI] FW: No quotas for judicial posts in state: HC > > From Times of India > > > No quotas for judicial posts in state: HC > > > <http://timesofindia.indiatimes.com/toireporter/author-Shibu-Thomas-17113.cms> > Shibu Thomas, TNN | Nov 11, 2015, 07.32AM IST > > > > MUMBAI: Reservations are not applicable for judicial posts in Maharashtra, > the Bombay high court has ruled. In an important order, a division bench of > Justice Ranjit More and Justice Rajesh Ketkar rejected a plea that sought > implementation of three per cent reservation for persons with disabilities > to the posts of civil judges and judicial first class magistrates. > > "The reservation in judiciary service by the state without consulting the > high court or without concurrent recommendation of the HC is an encroachment > on such exclusive powers," said the judges, while pointing to Supreme Court > judgments that had said an "independent judiciary is a basic structure of > the constitution and the high court alone can recognise vacancies and the > reservation (to judicial posts) even if provided by the state." > > The court was hearing a petition filed by Sushil Sonawane, a practising > advocate, who has cerebral palsy. Sonawane had sought implementation of the > three per cent reservation that is provided under the Persons with > Disabilities (Equal Opportunities, Protection of Rights and Full > Participation) Act for the posts of civil judges and JMFCs. "Reservations > are provided for all government posts, including that of doctors. Some > states also have reservations for judicial posts," said advocate Abhijeet > Desai, counsel for Sonawane > > > > The HC pointed out that under the Maharashtra Judicial Service rules, a > candidate who secures 50 per cent marks in each paper and 60 per cent marks > in aggregate is eligible for viva voce, to be considered for the posts of > civil judge and JMFC. The marks criteria is relaxed for Scheduled Castes and > Scheduled Tribes candidates who secure not less than 45% marks in each paper > and not less than 50% of marks in aggregate. "Save and except this > concession, there is no reservation for recruitment to the Maharashtra > Judicial Service," said the HC. > > With regard to persons with disabilities, the HC administration in 1998 said > that all things being equal, preference would be given to such candidates. > In 2004, Class 3 and 4 posts were brought under the ambit of reservation, > but judicial posts were not covered by the rules. The HC, while rejecting > the plea for reservation, allowed candidates with disabilities an extra hour > during the examination in case they are not taking the help of a writer for > the exams to the post of civil judge and JMFC > > > > > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. 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AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- Rahul Kelapure +91 9833349929 Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
