I wonder If Narendra Modi becomes PM, Such steps can be taken at Centre level too... After hearing and listening to many friends from Gujarat, I'm smelling very bleak future if he becomes PM. Oppology from Modi supporters here... and don't reply just to defend him, please. we shouldn't forget he has made situation worst from worse in the state for blind people. http://www.bilkulonline.com/gujarat-news/general-news/3883-bpa-applauds-sc-decision-for-blind-wants-gog-to-review-its-stand BPA applauds SC decision for blind,
wants GoG to review its stand Bilkul News, Ahmedabad, Oct 8: The Supreme Court on 8th October, 2013 directed the Centre and all State Governments to provide three percent job reservation to disabled persons in all their departments, companies and institutions as per reservation under Section 32 and 33 of Persons with Disabilities Act, 1995. Welcoming the decision of SC Bhushan Punani Executive Director of the Blind People's Association (BPA) Ahmedabad said "Supreme Court has passed a very bold judgment directing all the State Governments and the Central Government to implement reservation of 3 % jobs for persons with disabilities and to complete the backlog within 3 months". Unfortunately, Gujarat paints a sad picture here. Punani also adds to say, "The Government of Gujarat has taken the liberty of issuing a notification contrary to the provisions of reservation and has wrongfully denied appointment of blind persons as Vidya Sahayaks which in contradiction to the provisions of law" A bench headed by Chief Justice P Sathasivam also clarified that the principle of not exceeding more than 50 per cent reservation would not be applicable while granting quota for disabled persons. The apex court directed the authorities to compile the number of vacancies in all their departments to give jobs to disabled persons under three per cent reserved quota within three months. The bench said it is an "alarming reality" that disabled persons are not getting jobs because of various social barriers forcing them to live life in poverty and negligence. It said the Government has "categorical obligation" to protect the right of disabled persons and passed a slew of directions for providing jobs to the differently-abled under the Persons with Disabilities Act. While this bold judgment of the Supreme Court which in reality validates provisions of Section 32 of the Persons with Disabilities Act is a very welcome step and needs to be appreciated. As per Section 33 of the Act, the Central and State Governments are expected to extend reservation to persons from respective categories of disabilities in the jobs selected and notified by the respective Government. While the Ministry of Social Justice and Empowerment has revised the list of identified post till the year 2013, the Government of Gujarat has issued or adopted any list of identified posts so far. As per the precedent, State Government is expected to follow the List of Identified Posts as issued by the Central Government in the absence of such list issued by the respective State Government. While the Supreme Court has directed the State Governments to complete the backlog of vacancies as per 3 % reservation, the Government of Gujarat has issued a notification dated 12th February, 2013 excluding persons with blindness as well as deafness from their appointment as Vidya Sahayak. The list of posts identified and adopted by the Central Government reserves post of Primary School Teacher for blind persons to the extent of 1 percent. The Government of Gujarat has taken a stand that is contrary to provisions under Persons with Disabilities Act, 1995 and decided to wrongfully and unlawfully exclude persons with blindness from the purview of their appointment as teachers of the primary schools. The Government of Gujarat needs to review its stand is null and void ab initio and contrary to law of the land the rectify the notification in view of this judgment of the Supreme Court. -- Avinash Shahi M.Phil Research Scholar Centre for The Study of Law and Governance Jawaharlal Nehru University New Delhi India Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
