Dear friends,

This is such a relevant issue for the blind law graduates.  I have been
personally working on this for quite some time now. I had a detailed
discussion with Kanchan also on the subject some time back as what should a
blind law graduate possess in order to be successful as a judge for we want
to set a role model and not failures. In the recent past Jharkhand Public
Service Commission also did that. I have a reply from High Court of Andhra
Pradesh in which the Registrar of the AP Court specifically states that they
have decided not to give reservation to Blind!

However, I would like to bring to your notice that Mr. MK Rastogi from AICB
and I had argued this issue successfully some years back before a *Judges
Colloquium* that was organised by HRLN and National Human Rights Commission
jointly at New Delhi and was attended by several Chief Justices of High
Courts and senior Justices from all over India. At that time Delhi High
Court had not given any reservation to the Disabled people in an
advertisement. In a lighter vein, Mr. Rastogi expressed before that
colloquium that it is said that Law is blind and we are also blind so there
is a co-relation between law and us and we are Bhai Bhai and that Blind
would do well as judges and should be given reservation! Perhaps the trick
worked!

We had Justices like S. Ravinder Bhatt, SK Kaul and few others from Delhi
High Court and next day we were so pleased to see that the newspaper carried
Corrigendum to the earlier advertisement inviting applications for the posts
of Civil Judges and this time it especially included that* 2 posts were
reserved for the Blind*.

This is also another hard fact that till date these posts are vacant! I am
unclear as to Whether it is because of not many blind people contesting for
it or because there are no competent blind candidates existing who are
willing to accept the challenges of the post of a Judge!.

I have been nurturing a desire to see first Indian Blind Judge, I have been
in fact training one Mr. Pankaj Sinha ( a pass out of St. Stephens and LLB
from Delhi University) here in Delhi. Lets see when that happens but I am so
happy to see that Nandita has come up and challenged this situation there in
Mumbai. Through this list I invite Nandita to also apply to Civil Judges
positions lying vacant in Delhi whenever the advt is issued.
Congratulations! and keep us informed on the list.

warm regards

SC Vashishth,
ADVOCATE-Disability Rights at New Delhi
Member-Advocacy Committee, AICB





On 30/07/2008, Blind News <[EMAIL PROTECTED]> wrote:
>
> 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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>
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-- 
Warm regards,

Subhash Chandra Vashishth
Mobile : +91-11-9811125521
Join Access India convention: For updates on it visit: 
http://accessindia.org.in/harish/convention.htm
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