Hi Mohib Can I have your contact details Please? On 6/8/15, Mohib Anwar Rafay <mohibra...@gmail.com> wrote: > Yes one thing is clear, if supreme court holds that any of such moves > which is based on arbitrary decision of the government, is infringing > the right of visually impaired person, even high court can not > exercise its discretionary administrative power while giving its > ascent on such appointments. Cirtain states are open for the > appointments of visually impaired candidates as judges in lower > judiciary, such as Delhi and Haryana. Presently there are not less > than 5 judges who have been appointed in Haryana and Delhi judiciary > under visually impaired quota. > > On 6/8/15, Mohib Anwar Rafay <mohibra...@gmail.com> wrote: >> Actually in the matter of appointment of judges to lower judiciary, >> the things very much depends upon the high court of concern state >> itself. As it is the requirement under the constitution that while >> appointment to such judiciary the consultation from high court is >> necessary. Mean the high court in this respect is performing the >> administrative as wel judicial function. If you are aggrieved with the >> decision of the government for not providing the seat in lower >> judiciary, you will be before the same high court who didn't give its >> ascent for such appointment. So the matter is not that much easy. >> While conducting a hearing in my matter, on the plea of state counsel >> that such reservation can only be given after proper approval of high >> court itself, Allahabad high court observed that you (government) >> didn't come before us for any kind of such consultation. >> >> On 6/8/15, avinash shahi <shahi88avin...@gmail.com> wrote: >>> This is an opportune time all blind lawyers practicing in several High >>> Courts as well in the Supreme Court should write an open letter to the >>> CJI and CC it to the PMO of India, And publicise this in the media. >>> I'm sure things are gonna get better. One could also take on board the >>> blind judge in one of districts in MP as reported in the news an year >>> ago. I wish interested candidates don't miss this opportunity. >>> >>> >>> >>> >>> On 6/8/15, umesh kasab <umeshkasa...@gmail.com> wrote: >>>> Supposedly most progressive organ of government falls prey to the >>>> simplest and straightest dictum-Its easy to preach than practice! What >>>> are the requirements of the job, by the way, that disables the >>>> candidate from performing the duties in a proper way? Has this part >>>> got any mentioning in the verdict? >>>> >>>> On 6/8/15, avinash shahi <shahi88avin...@gmail.com> wrote: >>>>> So what it all indicate: high-profile lawyers in the disability sector >>>>> are at unease while taking on Courts for not complying to the law. A >>>>> month ago, I read an article in the Bangalore Mirror that why Court >>>>> premises and functioning are inaccessible to the blind and nobody >>>>> raises questions. Perhaps our sector has sole hope from the judiciary >>>>> to arrest our woes,hence nobody takes on the guardian of the >>>>> Constitution. So lawyers are in a dilemma perhaps. >>>>> >>>>> >>>>> On 6/8/15, Mohib Anwar Rafay <mohibra...@gmail.com> wrote: >>>>>> High court may be right in its observation while dismissing the >>>>>> petition that the candidate didn't challenge the impugned circular of >>>>>> the government and participated in the recruitment process . However >>>>>> solely on this ground the relief to the petitioner can not be denyed >>>>>> anyways. Cirtainly the judgment is against the spirit of the >>>>>> principle >>>>>> of equality. Such judgment must be challenged in the supreme court. >>>>>> There are cirtain other states who don't allow visually impaired >>>>>> candidates even to appear in the recruitment process, such as Uttar >>>>>> Pradesh and Madhya Pradesh. However on my writ petition (Mohib Anwar >>>>>> versus UP public service commission and state of Uttar Pradesh), they >>>>>> allow me to appear in the examination along with the facility of the >>>>>> scribe, but they were not agree on the point of reservation to >>>>>> visually impaired aspirents in judiciary. >>>>>> >>>>>> On 6/8/15, avinash shahi <shahi88avin...@gmail.com> wrote: >>>>>>> This order is utterly disgusting: I contend even hundred per cent >>>>>>> blind is fit for a Civil Court judge >>>>>>> If this man approaches the Supreme Court and shows them evidences >>>>>>> from >>>>>>> US, South Africa and UK where blind judges hold reputed posts in >>>>>>> Courts; I could hope that the highest Court of the land will >>>>>>> pronounce >>>>>>> judgment in his favour. Our judiciary should shed its contradictory >>>>>>> approach while ensuring employment to persons with blindness. If a >>>>>>> blind could become a parliamentarian and join Indian executive then >>>>>>> there is no doubt he/she is equally competent to discharge his/her >>>>>>> duty as a Civil Court Judge. India's former CCPD was a blind judge >>>>>>> and >>>>>>> exercised all rights as a Civil Court Judge. >>>>>>> http://timesofindia.indiatimes.com/city/chennai/Partial-blindness-shatters-mans-judge-dreams/articleshow/47578609.cms >>>>>>> >>>>>>> >>>>>>> A person suffering from 70% blindness has failed to secure the post >>>>>>> of >>>>>>> a civil judge despite clearing the written examination and viva >>>>>>> voce, >>>>>>> as the Madras high court ruled that visual disability of more than >>>>>>> the >>>>>>> maximum permissible limit of 50% cannot be allowed for civil judges. >>>>>>> >>>>>>> Dismissing the writ petition of the aspirant V Surendra Mohan, >>>>>>> Justice V Ramasubramanian said, "Taking into account the nature of >>>>>>> duties to be performed by the civil judge, the government, in >>>>>>> consultation with the high court, had proposed to restrict the >>>>>>> applicability of the benefit of reservation only to those whose >>>>>>> disability ranges from 40-50%. If a person has not less than 40% >>>>>>> blindness, he becomes eligible for the benefit of reservation. This >>>>>>> fundamental and essential feature of the reservation is not taken >>>>>>> away >>>>>>> by the proposed amendment. The proposed amendment, while not >>>>>>> depriving >>>>>>> the benefit of reservation to those who come within the definition >>>>>>> of >>>>>>> the expression 'person with disability', restricts it to those whose >>>>>>> percentage of disability, is 50% less. This cannot be termed as >>>>>>> nullifying the effect of the statute." >>>>>>> >>>>>>> Surendra Mohan, a partially blind person with the percentage of >>>>>>> disability at 70%, applied for civil judge post, and passed the >>>>>>> written examination. Since he was not included in the list of >>>>>>> candidates short-listed for viva voce, he filed the present writ >>>>>>> petition for inclusion in the interview list. >>>>>>> >>>>>>> The court first allowed him to participate in the interview and >>>>>>> said >>>>>>> the result would be kept in a sealed envelope. But later it passed >>>>>>> orders in favour of declaring the result, in purview of a different >>>>>>> case. Surendra Mohan secured 178 marks out of 400 in written >>>>>>> examination, and 38.25 marks out of 60 in viva voce, it was >>>>>>> revealed. >>>>>>> >>>>>>> A difficulty arose because a government order dated August 8, 2014, >>>>>>> had made it clear that the benefit of reservation for the physically >>>>>>> challenged is available only to those blind and deaf candidates >>>>>>> whose >>>>>>> percentage of disability is 40-50%. >>>>>>> >>>>>>> S Vijay Narayan, senior counsel for Surendra Mohan, then assailed >>>>>>> the >>>>>>> provision saying it sought to dilute the benefits available to >>>>>>> disabled people. Rejecting the submissions, Justice Ramasubramanian >>>>>>> further said it was too late to challenge the selection, because, "a >>>>>>> person, who participates in a process of selection, cannot later >>>>>>> turn >>>>>>> around and question the prescription contained in the very >>>>>>> notification for recruitment." >>>>>>> >>>>>>> >>>>>>> -- >>>>>>> Avinash Shahi >>>>>>> Doctoral student at Centre for Law and Governance JNU >>>>>>> >>>>>>> >>>>>>> >>>>>>> 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/accessindia@accessindia.org.in/ >>>>>>> >>>>>>> To unsubscribe send a message to >>>>>>> accessindia-requ...@accessindia.org.in >>>>>>> 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.. >>>>>>> >>>>>> >>>>>> >>>>>> -- >>>>>> Mohib Anwar Rafay >>>>>> >>>>>> Phone: +919 555 555 765 / +9192 7879 0000 >>>>>> >>>>>> >>>>>> >>>>>> 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/accessindia@accessindia.org.in/ >>>>>> >>>>>> To unsubscribe send a message to >>>>>> accessindia-requ...@accessindia.org.in >>>>>> 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.. >>>>>> >>>>> >>>>> >>>>> -- >>>>> Avinash Shahi >>>>> Doctoral student at Centre for Law and Governance JNU >>>>> >>>>> >>>>> >>>>> 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/accessindia@accessindia.org.in/ >>>>> >>>>> To unsubscribe send a message to >>>>> accessindia-requ...@accessindia.org.in >>>>> 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.. >>>>> >>>> >>>> >>>> -- >>>> Umesh Kumar >>>> Mobile: +91 88-946 54-469 >>>> >>>> >>>> >>>> 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/accessindia@accessindia.org.in/ >>>> >>>> To unsubscribe send a message to >>>> accessindia-requ...@accessindia.org.in >>>> 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.. >>>> >>> >>> >>> -- >>> Avinash Shahi >>> Doctoral student at Centre for Law and Governance JNU >>> >>> >>> >>> 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/accessindia@accessindia.org.in/ >>> >>> To unsubscribe send a message to >>> accessindia-requ...@accessindia.org.in >>> 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.. >>> >> >> >> -- >> Mohib Anwar Rafay >> >> Phone: +919 555 555 765 / +9192 7879 0000 >> > > > -- > Mohib Anwar Rafay > > Phone: +919 555 555 765 / +9192 7879 0000 > > > > 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/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > 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.. >
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/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in 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..
