hello all
i would like to appreciate inputs by all the members for taking up the issue.

i also want to say one thing more that can also be included in this
issue , if found right to do so by senior members: it is regarding the
circular issued by SBI for excluding a few categories of visually
impaired persons from recruitment and promotion. this clearly shows
their intentions not to offer opprotunities to visually impaired
persons and harass them in every manner. so they are doing such things
that happened on sunday.



On 7/27/11, Kanchan Pamnani <kanchanpamn...@gmail.com> wrote:
> Thanks Amit, I didnt know of this judgement.
>
> Anyone  who has anything else to say about this case must say it now. It
> will definitely help.
> Kanchan
>   ----- Original Message -----
> From: "Amit Bhatt" <misterbh...@gmail.com>
> To: <accessindia@accessindia.org.in>
> Sent: Tuesday, July 26, 2011 9:20 PM
> Subject: Re: [AI] Preparation
> tofilethepetitionagainsttheScribeGuidelines.....
>
>
> Dear Akhilesh,
>
> It was a total mismanagement and misconduct shown by the examination
> Authority on 24th of July 2011.
> The chief Manager, mr. Sanjay Singh who was deputed at my Center, did even
> not allow those whose Scribe are under graduate. We all tried to make him
> understand but he was not ready to listen anything. when we asked him
> whether he can offer a job in SBI to the candidate who is under graduate?
> mr. Sanjay said no we won't because the candidate should be graduate as per
> the stipulated criteria. We knew what he would answer and this is exactly
> what he said! then we asked, when an under graduate cannot be offered job in
> your Bank, then how would you not consider the Scribe who is just appearing
> his graduation. The candidate or any person would not be called graduate
> unless he completes his graduate degree. Till the time he would be just
> known as a 12th pass student.
> When a Blind candidate wish to appear exam and demand to eliminate the rule
> of less than 60% then we are called cheater! When we try to make the people
> understand, then they say we are teaching them law!!! but I am surprised to
> see the logics and understanding of the senior officers like Mr. Sanjay
> Singh! . very Shame!
>
> Anyways, I am pasting the below observation of the Court defining the
> meaning of the one grade lower.
>
> Amita vs. Rajiv Yaduvanshi and Ors
> Filed Under: Section 31 Persons of the Disabilities Act, 1995
> Appellant: Amita
> Respondent: Rajiv Yaduvanshi and Ors.
> Citation: C.W.P. No. 2067 of 2003 & 3099 of 2003 Decided on 30.5.2003
> (Unreported)
> Court: In the High Court of Delhi
> Judges: B.C. Patel and A.K. Sikri
>
> Amita filed the present appeal against the order of the Delhi Subordinate
> Service Selection Board (DSSSB) of not allowing her to appear for the
> Trained Graduate Teacher (TGT) entrance exam on grounds that her scribe was
> a B.A, second year student.
>
> Facts
> Amita was a visually impaired person who obtained her M.A., B.A. (Hons.) and
> B. Ed degrees. At the time of the case, she was pursuing her further studies
> in M.Ed. She applied for the post of Trained Graduate Teacher (TGT) in
> response to an advertisement issued by the Delhi
>
> Subordinate Service Selection Board (DSSSB). Keeping in mind the provisions
> of the Persons with Disabilities Act, certain posts were reserved for the
> visually handicapped persons. The DSSSB also issued instructions for the
> visually handicapped persons taking the examination.
>
> According to the instructions, a visually handicapped candidate had to
> arrange for his/her scribe (person who writes the exam for the visually
> handicapped persons) at his/her own cost. It was also mentioned in the
> instructions that the academic qualifications of the scribe should be one
> level below the minimum educational qualification required for the post.
>
> Amita made arrangements for her own scribe, a second year BA (Hons.)
> student. The examination commenced and Amita started answering questions
> through her scribe.
>
> However, after some time the officer-in charge came and took away the paper
> and the admit card on the ground that the scribe was a 2nd year student and
> could not be Amita's scribe. According to him, the Scribe should have been
> only XIIth pass and therefore she wasn't permitted to act as a scribe.
>
> Amita then filed the present petition. This petition was initially listed
> before the Single Judge of the High Court. However, Amita's lawyer made a
> submission before the Single Judge that the matter should be treated as
> public interest litigation as it was likely to affect a large number of
> blind students. The Single Judge accordingly referred the matter to a Higher
> Bench.
>
> In the meantime another writ petition was also filed in the nature of
> 'public interest litigation' raising identical issues. An additional person,
> Monica Sharma filed another petition that raised similar issues. In these
> circumstances, these petitions were heard together by the Higher Bench of
> the High Court.
>
> Arguments made on behalf of Amita
> Amita's lawyer contended that the qualifications for the post were BA, B.Ed.
> while the qualification of the scribe which was that of a second year
> student of BA, was one level lower. According to the lawyer, the action of
> the DSSSB was completely unjustified.
>
> The lawyer also argued that such a provision for insisting that candidates
> bring their own scribes was in violation with the provisions of Section 31
> of the Act and it was the duty of DSSB to provide a scribe for Amita.
>
> Arguments made on behalf of DSSSB
> On the other hand, the DSSSB's lawyer argued that there were no instructions
> issued by the Government on the subject of arrangement of a scribe. In such
> circumstances, it was contended that DSSB had formulated its own guidelines.
> According to him, the purpose of the exam was such that the scribe should
> not have been in a higher grade than XIIth. Therefore, the action of the
> DSSSB was valid.
>
> Observations of the Court
> The Court examined the instructions issued by the DSSSB and also the meaning
> of the term "one level below". According to the Court, the scribe had not
> even completed her graduation and was not a B.Ed.
>
> Accordingly, her qualifications were in congruence with the guidelines laid
> down by the DSSSB in their instructions. The writ petition was accordingly
> allowed and the Court directed that a fresh exam should be held for Amita.
> It was also stated that the results of the TGT exam that had already taken
> place should not be declared.
>
> The Court also stated that after Amita had taken the exam, the consolidated
> result should be declared within a period of one month and after taking the
> results of both these exams, the DSSSB could go ahead with the selection
> process.
>
> With respect to Monica's case, it was stated that the timing of the
> examination was 10:30 a.m. but she arrived at the center at 11:15 a.m. and
> because of that she was not allowed to enter the examination center.
>
> The Court held that in light of this, it was not possible to give any
> direction in favor of Monica. However, the Court also added that since fresh
> examination was to be held for Amita, it would be open for DSSSB to consider
> Monica's request to let her also appear in the examination.
>
> Sections Referred:
>   a.. Section 31, Persons with Disabilities Act, 1995
> ----- Original Message -----
> From: "akhilesh" <akhil.akhi...@gmail.com>
> To: <accessindia@accessindia.org.in>
> Sent: Tuesday, July 26, 2011 6:44 PM
> Subject: Re: [AI] Preparation to
> filethepetitionagainsttheScribeGuidelines.....
>
>
> Whatever has happened in Delhi on the day of 24th July is not even
> sad, but also a foolish act from the part of invigilator and
> condemnable in every ways.
> Some of our friends went there with the scribe having more than 60% in
> class xii and violated the guidelines given in the advertisement and
> information handout booklet, some of our friends were not having the
> essentially required documents and that’s why they were not allowed to
> sit for the written test. I think such candidates will not get any
> relief from the court as regard to the 24th july exam. However, there
> were also people who were present with the scribe having the exact
> qualification and were satisfying all the criterion as per bank
> guidelines and rules, but they were also not allowed to sit for the
> exam.
>
> I will put it in a simple way,
> The people who have produced only the mark sheet of class 12th even of
> 2003, 2005 were allowed to sit for the exam, but people producing the
> mark sheet of 2010 and recent identity card of BA 2nd year were thrown
> out from the center.
>
> Amit ji, I fully agree with you that we should go to the court
> regarding the matter of 60 percent, but when you have made your mind
> for the case, this issue also needs to be raised. I.E. if the scribe
> is pursuing graduation, he, or she shall be allowed as a scribe, and I
> think you have got my point.
>
>
> Dear kanchan mam,
> Is there any remedy for such aggrieved candidates as mentioned above?
> Waiting for your replies,
> Akhilesh.
>
>
>
> On 7/26/11, HARSHVARDHAN SINGH NEGI <harshvardhan.n...@gmail.com> wrote:
>> The  name of 19 banks are given below
>>
>> Allahabad Banks / Andhra Bank/ Bank of Baroda/ Bank of India/ Bank of
>> Maharashtra/ Canara Bank/ Central Bank of India/ Corporation Bank/ Dena
>> Bank/ Indian
>>
>> Bank/ Indian Overseas Bank/ Oriental Bank of Commerce/ Punjab National
>> Bank/
>> Punjab & Sind Bank/ Syndicate Bank/ Union Bank of India/ United Bank of
>> India/
>>
>> UCO Bank/ Vijaya Bank
>>
>>
>>
>> Thanks
>>
>> HS Negi
>>
>>
>>
>> ----- Original Message -----
>> From: "Pamnani" <kanchanpamn...@gmail.com>
>> To: <accessindia@accessindia.org.in>
>> Sent: Tuesday, July 26, 2011 12:01 PM
>> Subject: Re: [AI] Preparation to file
>> thepetitionagainsttheScribeGuidelines.....
>>
>>
>>> Thanks for the information. It will save me time to find it. So which are
>>> the 19 Banks?
>>> Will someone send the list including the addresses.
>>> I am so glad that we are coming to the stage of everyone cooperating and
>>> we are moving away from the world when our organisations fought each
>>> other
>>>
>>> for turf and not the world outside.
>>> K
>>> Kanchan Pamnani
>>> Advocate & Solicitor
>>> 9, Suleman Chambers,
>>> Battery Street, Colaba,
>>> Mumbai - 400 039.
>>>
>>>
>>>
>>> ----- Original Message -----
>>> From: "Eyeway Helpdesk" <helpd...@eyeway.org>
>>> To: <accessindia@accessindia.org.in>
>>> Sent: Tuesday, July 26, 2011 11:42 AM
>>> Subject: Re: [AI] Preparation to file the
>>> petitionagainsttheScribeGuidelines.....
>>>
>>>
>>>> Dear Kanchan and all:
>>>>
>>>> As rightly said by Mr. Bhavani, a common written examination [CWE] for
>>>> recruitment of probationary officers/ management trainees in 19 public
>>>> sector banks is to be conducted by the Institute of Banking Personnel
>>>> Selection (IBPS) on 18th of September.
>>>>
>>>> Address: IBPS House, Post Box no. 8587, Kandivali (E), Mumbai 400 101
>>>>
>>>> Email: com...@ibpsorg.org
>>>>
>>>> Website: www.ibps.in
>>>>
>>>>
>>>>
>>>> I am pasting below the guidelines given in the advertisement; the same
>>>> can
>>>> be seen on their website also.
>>>>
>>>> Guidelines for Persons With Disabilities using a Scribe
>>>> The visually impaired candidates and candidates whose writing speed is
>>>> affected by cerebral palsy can use their own scribe at their cost during
>>>> the
>>>> written examination. In all such cases where a scribe is used, the
>>>> following
>>>> rules will apply:
>>>> The candidate will have to arrange his own scribe at his/her own cost.
>>>>
>>>> The academic qualification of the scribe should be one grade lower than
>>>> the
>>>> stipulated criteria.
>>>> The scribe should possess lesser marks than the candidates and not more
>>>> than
>>>> 60% marks in his/her own academic stream.
>>>> The scribe may be from any academic stream.
>>>> Both the candidates as well as scribes will have to give a suitable
>>>> undertaking confirming that the scribe fulfils all the stipulated
>>>> eligibility criteria for a scribe mentioned above. Further in case it
>>>> later
>>>> transpires that he/she did not fulfill any laid down eligibility
>>>> criteria
>>>>
>>>> or
>>>> suppressed material facts the candidature of the applicant will stand
>>>> cancelled, irrespective of the result of the written examination.
>>>>
>>>> Such candidates who use a scribe shall be eligible for extra time of 20
>>>> minutes for every hour of the examination.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> With best regards,
>>>> Satguru Rathi | Helpdesk Executive
>>>> Project Eyeway - A knowledge resource for living a fuller life with
>>>> vision
>>>> loss
>>>> C/o Score Foundation, 17/107 L.G.F., Vikram Vihar, Lajpat Nagar - 4, New
>>>> Delhi - 110024. India.
>>>> Helpdesk:+91-11-460 70 380 (Monday to Friday 10am to 5pm)
>>>> Website: www.eyeway.org.
>>>> ----- Original Message -----
>>>> From: "BHAWANI SHANKAR VERMA" <bsvermad...@gmail.com>
>>>> To: <accessindia@accessindia.org.in>
>>>> Sent: Tuesday, July 26, 2011 7:49 AM
>>>> Subject: Re: [AI] Preparation to file the petition
>>>> againsttheScribeGuidelines.....
>>>>
>>>>
>>>> madam! now banks have decided not to conduct exams individually,
>>>> instead,
>>>> they are outsourcing the entire process to the companies like IBPS. it
>>>> is
>>>> like just recruitment process previously done by BSRB. now the vacancies
>>>> will be declared by the recruitment company and the name of candidates
>>>> will
>>>> be provided to the banks by the company. the process has already
>>>> started.
>>>>
>>>> we
>>>> are remitting the examinee's fee by NEFT to the nodal bank. in my
>>>> knowledge
>>>> presently it is bank of india. the nodle bank can be changed from time
>>>> to
>>>> time. other bankers in the group may provide you more information in
>>>> this
>>>> regard. before any proceeding, please also take note of above.
>>>>
>>>> thanks,
>>>>
>>>> bhawani
>>>>
>>>> ----- Original Message -----
>>>> From: "Kanchan Pamnani" <kanchanpamn...@gmail.com>
>>>> To: <accessindia@accessindia.org.in>
>>>> Sent: 26 July, 2011 6:51 AM
>>>> Subject: Re: [AI] Preparation to file the petition against
>>>> theScribeGuidelines.....
>>>>
>>>>
>>>>> Amit, I like your enthusiasm to fight injustice and for your rights.
>>>>> However please recheck-
>>>>> 1. there is no rule or order of CCPD which states that the writer
>>>>> should
>>>>> have less than 60% marks. I am willing to be corrected.
>>>>>
>>>>> 2. The original rule was that the writer should have less than 50%
>>>>> marks
>>>>> and then when this was too much the CCPD came out with a clarification
>>>>> that this 50%  was causing too much hardship and issued a letter dated
>>>>> 14th May 2003. Please check eyeway for the Directions of the CCPD.
>>>>> 3. SS Sisodia filed a case in the CCPD's office challenging the 50%
>>>>> rule
>>>>> in 2007 in SBI recruitment exams because the 50% rule just continued.
>>>>> 4. After that SBI as a interim measure in 2007 raised it to 60% and
>>>>> everyone else seems to have followed it.  I am arguing SS Sisodia's
>>>>> case.
>>>>> 5. Seeing how deep rooted the problem was, the CCPD called a meeting in
>>>>> 2008 to make rules for scribes. These are minuted and have been shared
>>>>> on
>>>>> this list many times. It was then sent to various authorities for their
>>>>> replies. This matter is still pending.
>>>>> 6. In the meanwhile we had the Maharshtra Guidelines which helped not
>>>>> only
>>>>> the examinees in Maharshtra but we used it for good effect all over the
>>>>> country.
>>>>>
>>>>> 7. At the beginning of this year I was rudely awakened to the fact that
>>>>> the Maharshtra government was not following its own guidelines. Of
>>>>> course
>>>>> we dashed to court and the examinee could sit for the common entrance
>>>>> exam
>>>>> to the management courses in Maharashtra.
>>>>>
>>>>> 8. Coincidently this matter was decided yesterday and this 60% rule has
>>>>> been smashed. Please wait for a few days for the judgement.
>>>>>
>>>>> 9. I am aware of what happened on Sunday in Delhi for the SBI
>>>>> recruitment
>>>>> exam and I guess your outburst is because of that.
>>>>>
>>>>> 10. Other Banks have recruitment exams in  September I am told and we
>>>>> need
>>>>> too stop this problem now.
>>>>>
>>>>> 11. Just for everyones knowledge I confronted the person who made the
>>>>> 50%
>>>>> rule and I heard something we should all hear.Many of the examinees who
>>>>> sit for exams get their writers not only to take down what they dictate
>>>>> but also to write from their own personal knowledge. The sympathy
>>>>> created
>>>>> by the visually challenged person ends up in cheating. The examinee
>>>>> thinks
>>>>> that the matter is over with the exam but the writer is upset because
>>>>> he
>>>>> wanted to help but now he feels dirty and used. This was the personal
>>>>> experience of the 50% rule maker and I tend to believe the experience.
>>>>> Yes I will get to hear from all of you that you have never cheated and
>>>>> never used your writers in such a way and that sighted people also
>>>>> cheat
>>>>> etc........ I have always maintained that every single one of us is an
>>>>> ambassador for the whole visually challenged community. It should not
>>>>> be
>>>>> but it is. Lets not argue on this point but learn our lessons. Also if
>>>>> we
>>>>> see some of our friends mis using their writers then we must pull them
>>>>> up
>>>>> at that time.
>>>>>
>>>>> 12. From your mail I guess you are getting ready to go to court. Best
>>>>> of
>>>>> luck. Please do not wait for others, if you feel so strongly then
>>>>> please
>>>>> act. I would request you to share your information. When your Petition
>>>>> is
>>>>> ready kindly email it to me so that we stay in tandem.
>>>>>
>>>>> 13.For others who are still reading this mail-if there are any rules
>>>>> regarding scribes/writers in your state please let me have it.
>>>>>
>>>>> 14. Please let me have the list of banks which are conducting their
>>>>> recruitment exam in September
>>>>> 15. Now for academic interest -Did SBI not inform about this 60% rule
>>>>> in
>>>>> their forms, on their website etc. How then were so many people not
>>>>> allowed to sit for the exam. Was this sprung on you at the last minute
>>>>> or
>>>>> was it decided earlier and our visually challenged friends did not
>>>>> bother
>>>>> to follow the rule. I need to know for the next course of action
>>>>> against
>>>>> SBI.
>>>>> Kanchan
>>>>>
>>>>>
>>>>> ----- Original Message -----
>>>>> From: "Amit Bhatt" <misterbh...@gmail.com>
>>>>> To: <accessindia@accessindia.org.in>
>>>>> Sent: Monday, July 25, 2011 10:49 PM
>>>>> Subject: [AI] Preparation to file the petition against the
>>>>> ScribeGuidelines.....
>>>>>
>>>>>
>>>>>> Dear all,
>>>>>>
>>>>>> It is sad to know that the current disputed clause and Guidelines for
>>>>>> the
>>>>>> Scribe of Visually Impaired Examinees are issued by none other than
>>>>>> the
>>>>>> Office of the Chief Commissioner for Persons with Disabilities.
>>>>>> Our only concern is with that arbitrary clause which says that the
>>>>>> Scribe
>>>>>> should have less than 60% marks.
>>>>>> I do not need to go in detail at this time about the current rule and
>>>>>> how
>>>>>> it is arbitrary since we have already discuss this issue on the list
>>>>>> on
>>>>>> numerous occasion, however, it is more painful to say that we, the
>>>>>> members of the National Capital of India are still sitting silence. No
>>>>>> individual, no community or no NGO has come forward with full interest
>>>>>> to
>>>>>> fight against this unnecessary clause.
>>>>>> Anyways, it is a high time and I am trying to talk to individuals,
>>>>>> communities and NGO's in Delhi to help us in filing the petition in
>>>>>> the
>>>>>> High Court.
>>>>>> I will make my best efforts to make it happen but if any NGO or people
>>>>>> do
>>>>>> not come with us to support us, then am all setup to challenge this
>>>>>> rule
>>>>>> of Scribe in the Delhi High Court. some of my Visually Impaired, who
>>>>>> are
>>>>>> also victim of this clause, are also ready to come forward for the
>>>>>> cause.
>>>>>> My purpose of writing this e-Mail is just to inform you and if anyone
>>>>>> of
>>>>>> you believe that you are also suffering and should jump in this
>>>>>> battle,
>>>>>> then please write me or call me for further planning.
>>>>>> We cannot wait any more for someone to come and fight for us. After
>>>>>> all
>>>>>> the authorities are not suffering or confronting such problem, but ask
>>>>>> that candidate who really doesn't get the Scribe with less than 60%
>>>>>> marks
>>>>>> at this current competitive time.
>>>>>> Like many other Visually Impaired, I am also paying for that mistake
>>>>>> which CCPD has made couple of years back. I have no hesitation to say
>>>>>> that the people who never gone through the examinations for the jobs,
>>>>>> and
>>>>>> therefore they didn't find any Scribe for themselves, have decided the
>>>>>> fate of the Visually Impaired examinees of India and framed out the
>>>>>> norms
>>>>>> of Scribe with less than 60% marks! And we are still sitting in the
>>>>>> lull!!! no, but it won't happen any more, we cannot afford to lose
>>>>>> this
>>>>>> battle in absence of support of others.
>>>>>> We will go to court at the earliest possible time, so please express
>>>>>> your
>>>>>> opinion, and if interested, support us for this petition.
>>>>>>
>>>>>> Warm regards,
>>>>>>
>>>>>> Amit Bhatt
>>>>>>
>>>>>> Senior Executive - Reservations
>>>>>>
>>>>>> Far Horizon Tours Pvt. Ltd. India
>>>>>> www.farhorizonindia.com
>>>>>> Ph-Off: 91 129 4098000 (Main Board) | 91 129 4098040 (Did) | 91 129
>>>>>> 4098098 (F)
>>>>>> Direct Cell: 91 9560175887
>>>>>>
>>>>>> List manager - SayEverything, an International mailing group dedicated
>>>>>> to
>>>>>> persons with disabilities
>>>>>> http://www.sayeverything.org
>>>>>>
>>>>>> IM: champion_bh...@yahoo.co.in
>>>>>>
>>>>>> Windows Live messenger: amitbhattde...@hotmail.com
>>>>>>
>>>>>> Skype: amitbhattindia
>>>>>>
>>>>>> "A Player that makes a team great is more valuable than a great
>>>>>> player"
>>>>>> Search for old postings at:
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>>>>>>
>>>>>
>>>>>
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-- 
Regards

Deepak Kumar Singla
District Manager
Punjab State Warehousing Corporation
(Legal Cell - Head Office)
Warehouse Bhawan
SCO 74 - 75
Sector 17 - B
Chandigarh

Mobile: +91-81464 24200

"Help Ever Hurt Never"

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