Ministry of Social Justice & Empowerment f^^TeracTT c^tf fcffiFT/Department of
Disability Affairs
Notice of Complaint to Show Cause & Hearing
Case No. 3929/2007
Dated: 21.09.2012
In the matter of:
Shri Gopal Sisodia
General Secretary
Indian Association of the Blind
154/C, Delhi Administration Flats
Sindhoran Kalan, Delhi-110052
Complainant
Versus
Ministry of Social Justice & Empowerment Department of Disability Affairs
Government of India Through Secretary Shastri Bhawan, New Delhi
Case No.65/1041/12-13
In the matter of:
Score Foundation
Through Shri George Abraham, CEO,
17/107, LGF, Vikram Vihar,
Lajpat Nagar-4,
New Delhi-110024
Versus
Ministry of Social Justice and Empowerment Department of Disability Affairs
Government of India Through Secretary Shastri Bhawan, New Delhi
Respondent
Complainant
Respondent
...2.....
Whereas the above named complainant filed a complaint dated 13.05.2007 (copy
enclosed) under the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995, hereinafter referred to as the
'Act', regarding issuance of Comprehensive policy for conduct of written
examinations for persons with disabilities;
2. And whereas vide letter dated 31.07.2012 (copy enclosed) a complaint
dated 06.06.2012 (Case No.65/1041/12-13) received from Score Foundation was
also forwarded to the Department of Disability Affairs with the request to
issue the guidelines within one month's time from the date of that letter
incorporating the suggestions contained in the letter of Score Foundation dated
06.06.2012;
3. And whereas expressing his utter disappointment over inaction on the
part of Department of Disability Affairs, Ministry of Social Justice and
Empowerment, Govt, of India, in respect of the matter, Shri George Abraham of
Score Foundation vide his said letter dated 06.06.2012 had forwarded a set of
uniform guidelines for conducting examinations (practical and/or theory) for
persons with blindness and low vision which he claims have been put together by
a group of non-governmental organisations and which according to him enjoy the
support of over 70 organisations across the country.
4. And whereas it is common knowledge & experience that persons with
disabilities, including persons with blindness and persons with low vision
continue to suffer untold hardship and irreparable loss in the absence of
uniform guidelines/norms for conduct of all kinds of examinations including
those relating to academics and recruitments;
5. And whereas different, dissimilar and sometimes unreasonable sets of
guidelines/norms are followed by some Universities, Boards of Education,
Central & State Public Service Commissions and other establishments etc.;
6. And whereas many establishment do not follow any guidelines/norms in
respect of the examinations (both academic & recruitment related);;
7. And whereas this Court continues to receive any number of complaints
every now and then, more particularly from persons with blindness and persons
with low vision regarding denial of the facility of amanuensis/scribe as
mandated under Section 31 of the said Act and/or grant of extra time to persons
with disabilities during examinations;
8. And whereas more than 16 years have elapsed since the said Act has
come into force in the whole of India except the State of Jammu & Kashmir;
9. And whereas this matter continues to hang fire with the erstwhile
Disability Division, now Department of Disability Affairs, Ministry of Social
Justice and Empowerment, Govt, of India for a disproportionately long period of
time despite explicit references made to it by this Court from time to time in
the past;
....3....
10. And whereas absence of uniform, fair & reasonable norms for conduct
of examinations (both academic & recruitment related) for persons with
disabilities not only runs counter to the letter & spirit of the said Act; but
absence of such guidelines/norms is also against the established and recognised
norms of propriety & natural justice;
11. And whereas, now Department of Disability Affairs and erstwhile
Disability Division, Ministry of Social Justice and Empowerment neither issued
any guidelines/norms to all concerned nor did it even respond to the various
communications that have been sent from this Court to it from time-to-time over
the last four years or so except a very recent response to this Court's letter
No.3929/2007 dated 04.09.2012;
12. And whereas these guidelines/norms have not been forthcoming despite
this Court letter dated 12.01.2012 and 04.09.2012 respectively addressed to
Joint Secretary (DD), Ministry of Social Justice and Empowerment;
13. And whereas it is a well known principle of law that justice delayed
is justice denied; and that justice should not only be done but should also
appear to have been done;
14. And whereas a large number of complaints received in respect of the
matter are from persons with blindness and from persons with low vision, and,
they pertain to refusal to allow a proper scribe or any amanuensis/scribe at
all; refusal to grant extra time; refusal to allow such persons to use
computers for writing in the examinations; refusal to allow persons with low
vision to use low vision aids such as electronic aids, magnifiers etc.;
15. And whereas the Department of Disability Affairs, Ministry of Social
Justice and Empowerment, Government of India vide their D.O.
No.16-110/2003-DD.III dated 13.09.2012 in response to this Court's letter
No.3929/2007 dated 04.09.2012, without giving any definitive and defined time
frame within which the finalisation, adoption and circulation of the
policy/comprehensive guidelines for conduct of examinations (both academic and
recruitment related) for persons with disabilities despite the fact that the
matter has been pending with the erstwhile Disability Division now Department
of Disability Affairs, Ministry of Social Justice and Empowerment, Government
of India for more than four years;
16. And whereas it is understood that the erstwhile Disability Division
now Department of Disability Affairs, Ministry of Social Justice and
Empowerment, Government of India did undertake consultations in the past;
17. And whereas it will be absolutely prejudicial to the interest of
persons with disabilities to allow the matter to continue to hang fire;
18. And whereas the Department of Disability Affairs, Ministry of Social
Justice and Empowerment, Govt, of India is the Nodal Department for
coordination of implementation of the said Act, the United Nations Convention
on the Rights of Persons with Disabilities which India has since ratified, and
also for implementation of various other disability related schemes;
....4....
19. And whereas as per Section 59 (a) of the Act, Chief Commissioner may
of his own motion or on the application of any aggrieved person or otherwise
look into complaints with respect to deprivation of rights of persons with
disabilities;
20. And whereas Section 63 of the said Act says as under:-
(1) The Chief Commissioner and the Commissioners shall, for the purpose of
discharging their functions under this Act, have the same powers as are vested
in a court under the Code of Civil Procedure, 1908 while trying a suit, in
respect of the following matters, namely :-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the Chief Commissioner and Commissioners shall be
a judicial proceeding within the meaning of section 193 and 228 of the Indian
Penal Code and the Chief Commissioner, the Commissioner, the competent
authority, shall be deemed to be a civil court for the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973.
21. And therefore, as directed by the Chief Commissioner for Persons with
Disabilities, take this show cause notice and explain as to why the Department
of Disability Affairs, Ministry of Social Justice and Empowerment, Govt, of
India, should not be directed to finalise, issue & circulate to all concerned
comprehensive and uniform guidelines/norms for conduct of all examinations
(both academic & recruitment related) as soon as may be keeping in mind, among
other things, the suggestions of the complainants; and, pending finalisation,
issuance and circulation of such comprehensive guidelines/norms, to circulate
to all concerned the proposed guidelines/norms submitted by Score Foundation
vide their letter dated 06.06.2012 for persons with blindness and persons with
low vision and evolved by several organisations including Score Foundation on
or before 20.10.2012 under intimation to this Court. The respondent
department's reply should also explain reasons for the inordinate delay in
finalisation, issuance and circulation of such comprehensive and uniform
guidelines/norms for all persons with disabilities.
22. The Chief Commissioner for Persons with Disabilities has further
directed the respondent Department to appear before the Court of the Chief
Commissioner for Persons with Disabilities in person or through a
representative (not below the level of Group 'A7Class-l officer) or a counsel
well versed with the case and with all the related documents on 02/11/2012 at
3.00 p.m. to present the case unless uniform and comprehensive policy for
conduct of all kinds of examinations for all persons with disabilities is duly
finalised and notified before that date.
End.: As above
Sd/-(T.D. Dhariyal)
Dy. Chief Commissioner
Vikas Kapoor,
MSN Id: [email protected], Yahoo&Skype Id: dl_vikas,
Mobile: (+91) 9891098137.
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