Need of hour is a PIL in SC for such arbitrary rules which lacks judicial use of disgression.
On 6/8/15, Arjun Malhotra <[email protected]> wrote: > Hi Mohib > Can I have your contact details Please? > > On 6/8/15, Mohib Anwar Rafay <[email protected]> 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 <[email protected]> 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 <[email protected]> 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 <[email protected]> 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 <[email protected]> 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 <[email protected]> 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 <[email protected]> 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/[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.. >>>>>>>> >>>>>>> >>>>>>> >>>>>>> -- >>>>>>> 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/[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.. >>>>>>> >>>>>> >>>>>> >>>>>> -- >>>>>> 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/[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.. >>>>>> >>>>> >>>>> >>>>> -- >>>>> 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/[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.. >>>>> >>>> >>>> >>>> -- >>>> 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/[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.. >>>> >>> >>> >>> -- >>> 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/[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.. >> > 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..
