I don't understand this. When HC is saying reservations must be made
according to the disability act, why should the Supreme Court stay it
and then say that it doesn't prevent reservations under the disability
act? Pl clarify. 

Subramani 

-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Asudani,
Rajesh
Sent: Tuesday, November 17, 2009 12:10 PM
To: [email protected]
Subject: Re: [AI] confirmation required supreme court judgment denying

This news extract is about another case and does not concern itself with
promotions or reservation therein.
Besides, it is ridiculously incorrect in some aspects.
Please do not spread misconceptions of law, unless it is fully
comprehended.
The case in news item is concerned with calculation of three percent and
not with promotion.
The question I think was about another judgment of supreme court which
said promotion to disabled may be denied on the ground of efficiency,
safety and security of co-workers and equipments.
It is an unfortunate judgment, to say the least....
Regards


Rajesh Asudani

Assistant General Manager,
Reserve Bank of India
Nagpur
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O: 0712 2806676
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John Milton

-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Rajender
Negi
Sent: Tuesday, November 17, 2009 11:40 AM
To: [email protected]
Subject: Re: [AI] confirmation required supreme court judgement denying

Hello krishnan m. moothimoola.
However SC did so but it is not a final decision please read the
following text:

SC Stays HC Order on Job Reservation for Disabled





New Delhi | Nov 06, 2009

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The Supreme Court stayed the Delhi High Court order directing the Centre
to provide three per cent job reservation for persons with disabilities
mandated under a special legislation which includes one per cent for
visually-impaired candidates.

"We are staying the directions of the High Court. The directions are
prima facie incorrect," a Bench comprising Chief Justice K G
Balakrishnan and Justices P Sathasivam and Deepak Verma said.

However, the Bench clarified it was not staying the Disabilities Act
under which three per cent jobs should be reserved for disabled persons,
including one per cent for visually-impaired candidates.

It also said the interim directions passed by it earlier would prevail.

The apex court had directed the Centre to file a detailed status report
regarding the extent to which the posts had been identified and filled
up and also what steps had been taken to fill up the vacancies that had
arisen since the Act has gone into force in 1996.

The Bench refused the plea of National Federation of the Blind that the
High Court order be allowed to operate.

Advocate Pratiti Rungta, himself visually impaired, argued the case for
the Federation and opposed the appeal of the Centre but the Bench
declined his plea saying "it is not possible to continue with the High
Court order".

Rungta's plea that no recruitment has been made under the Act did not
convince the Bench to keep in operation the the High Court order.

Additional Solicitor General Indira Jaising submitted that the
directions of the High Court are not workable.

She said it is not workable to fill up three per cent of the total cadre
strength when there are around 60 departments under the government.

The Centre's plea for a stay on the High Court order has also been
opposed by another body All India Confederation of the Blind.

The High Court had directed the Centre to fully comply with the
Disabilities Act and reserve three per cent seats for disabled persons
according to its 1996 notification.

Regards

Rajender
E-mail: [email protected]



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