Hey Arjun my contact detail is in the signature. By the way my mobile number is 9555555765
On 6/8/15, Arjun Malhotra <[email protected]> wrote: > 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.. > -- 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..
