Blind lawyer fights for her right to be a judge
Mayura Janwalkar
Alleging violation of the constitutional right to equality, Nandita
Dubey-Tripathi, a visually challenged advocate, has moved Bombay High Court
after being
excluded from applying to the post of civil judge.
Tripathi, a post-graduate in labour law, has been practicing before the Nagpur
bench of the High Court and has successfully argued over 600 cases.
On February 25, 2005, the Maharashtra Public Service Commission (MPSC) had
published an advertisement for the recruitment of civil judges. However, it
barred
visually challenged candidates from being considered for the post.
In her application, Tripathi contested that the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995,
allows three per cent reservation for the handicapped with one percent for the
visually challenged.
However, Tripathi contended, that in direct violation of Article 14 (right to
equality), a visually challenged candidate was being denied the opportunity
to compete with able bodied candidates.
After hearing the case, Chief Justice Swatanter Kumar and Justice AP Deshpande
gave the government four weeks to reply to Tripathi’s petition.
In 1998, an administrative committee comprising of five senior judges of high
court had inferred that the Persons with Disabilities Act was not applicable
to judicial services. The decision given by the committee was reinforced in an
order passed by the high court in 2004.
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