Dear Mohib, I would suggest you to refer the scribe guidelines issued by MSJE in Feb 2013 for strengthening your case... I feel that you should have presented your case on slight different line and that is why only "blind" and why not even persons with low vision? Though I am not legal expert, but believe that the fault was in their guideline which provided scribe opportunity only to blind candidates and not also to low vision candidates, it defies statutory guideline of MSJE. And that is very much challengeable...
Wish u all the best... On 6/10/15, Mohib Anwar Rafay <[email protected]> wrote: > I forgot to mention one thing in my previous mail, the rules of U.P > public service commission say that "the facility of the scribe will be > given to the blind candidates" > > and they have understood this rule as "blind mean who can not see at all". > > On 6/10/15, Mohib Anwar Rafay <[email protected]> wrote: >> Yes, if their rules say that the scribe facility would be provided to >> blind and low vision both, it is fine. >> But the representative of the Public Service Commission interpreted >> "blind" to those who don't have any sight, that's why they didn't >> allow me to appear in the examination along with my scribe. >> I will ask the government to amend this rule next time, but what about >> the lost opportunity where I have been wrongly denyed? >> And Kanchan ma'm, see the same public service commission has announced >> the vacancies to be filled shortly for the post of Assistant >> Prosecuting officer (government advocates), wherein 4 vacancies are >> reserved for persons with low vision. If they apply the same reasoning >> that only 100% visually impaired candidate can take the scribe, it >> mean the candidate, in respect of whom 4 posts have been reserved, is >> unable to even appear in the examination because he is not allowed to >> avail the services of the scribe. And those posts are not reserved for >> completely blind person either, what does it mean, the persons who got >> fake blindness certificate and are able to appear in the examination >> with out scribe will get an opportunity and will be selected. >> >> What a legal way of increasing corruption. >> >> >> On 6/10/15, kanchan Pamnani <[email protected]> wrote: >>> Justice Chandrachud is currently the CJ of Allahabad High Court. In >>> Mumbai >>> matters concerning PWD would generally come before the Chief Justice Of >>> Bombay so I presumed it may be the same in Allahabad. >>> OK why cant you say that you are a candidate with low vision and these >>> scribe rules should extend to low vision as well and therefore to you. I >>> would think that this is an easier reasoning. >>> >>> Kanchan Pamnani >>> Advocate & Solicitor >>> 9, Suleman Chambers, >>> Battery Street, Colaba, >>> Mumbai - 400 039. >>> >>> >>> >>> ----- Original Message ----- >>> From: "Mohib Anwar Rafay" <[email protected]> >>> To: "AccessIndia: a list for discussing accessibility and issues >>> concerningthe disabled." <[email protected]> >>> Sent: Wednesday, June 10, 2015 3:20 PM >>> Subject: Re: [AI] Urgent,is low vision covered under the definition of >>> blindness? >>> >>> >>>> Kanchan Ma'm, you are quoting me wrong. I never claimed that I am a >>>> blind person, my whole argument is that having 70% visual impairment I >>>> should be covered under the definition of blindness given under Sec >>>> 2(b) of PWD Act. Thus I am a blind person for the purposes mentioned >>>> under the Persons with disabilities Act. I am aware that low vision is >>>> a separet category defined under Sec 2(u) of the Act. >>>> But I have to challenge the arbitrary action of the Public Service >>>> Commission based on giving a narrow interpretation to the term "blind" >>>> having 100% visual impairment only. While Sec 2(b) include both >>>> categories, I.E. total absence of sight and visual acuity not acceding >>>> 6/60 or 20/200. >>>> So how can you say that a person having 70% visual impairment is not >>>> covered under the definition of blindness? >>>> >>>> >>>> By the way how is the last para of your previous message i.e. "Chief >>>> Justice Chandrachud has given many orders in favour of the Disabled >>>> including accessible elections" is relevant to the case in hand? >>>> >>>> went overhead! >>>> >>>> On 6/10/15, kanchan Pamnani <[email protected]> wrote: >>>>> I am sorry I dont think you are on the right track. >>>>> Yes you are entitled to challenge the UP notification and get a scribe >>>>> for >>>>> the exam because you are a person with low vision but >>>>> it is not good idea to ask for yourself to be included as a Blind >>>>> person. >>>>> >>>>> Chief Justice Chandrachud has given many orders in favour of the >>>>> Disabled >>>>> including accessible elections.. >>>>> Best wishes in your endeavour and please do keep me updated. >>>>> >>>>> >>>>> Kanchan Pamnani >>>>> Advocate & Solicitor >>>>> 9, Suleman Chambers, >>>>> Battery Street, Colaba, >>>>> Mumbai - 400 039. >>>>> >>>>> >>>>> >>>>> ----- Original Message ----- >>>>> From: "Mohib Anwar Rafay" <[email protected]> >>>>> To: "AccessIndia: a list for discussing accessibility and issues >>>>> concerningthe disabled." <[email protected]> >>>>> Sent: Wednesday, June 10, 2015 1:11 PM >>>>> Subject: Re: [AI] Urgent,is low vision covered under the definition of >>>>> blindness? >>>>> >>>>> >>>>>> Yes, my case is totally based upon the definition of blindness. I was >>>>>> not allowed to appear in Uttar Pradesh public service Commission >>>>>> examination on the same ground, that facility of the scribe is >>>>>> permitted only to blind candidates. And according to them a person is >>>>>> blind if he is having 100% visual impairment. >>>>>> So the question is that whether I am covered under the definition of >>>>>> blindness having 70% visual impairment? so that I can take the service >>>>>> of the scribe. >>>>>> Allahabad high court didn't grant me instant relief of reconducting my >>>>>> examination along with the facility of the scribe. >>>>>> The result of that preliminary examination has been declared and its >>>>>> mains exam is scheduled to be conducted by the end of June and >>>>>> Allahabad High court has listed the matter in July. That's why I had >>>>>> to rush to supreme court for instant relief. >>>>>> >>>>>> >>>>>> On 6/10/15, kanchan Pamnani <[email protected]> wrote: >>>>>>> Hi >>>>>>> You will have to read the definition of Low Vision too. Your case >>>>>>> seems >>>>>>> to >>>>>>> be on a slippery ground. >>>>>>> However no Authority can deny you the use of a scribe etc. >>>>>>> So if you can avoid getting into the nitty gritty of blindness and >>>>>>> just >>>>>>> fight on the need for a scribe, it would be better. I have not read >>>>>>> all >>>>>>> the >>>>>>> mails on this subject as yet so please accept my suggestion as based >>>>>>> on >>>>>>> limited facts. >>>>>>> Kanchan Pamnani >>>>>>> Advocate & Solicitor >>>>>>> 9, Suleman Chambers, >>>>>>> Battery Street, Colaba, >>>>>>> Mumbai - 400 039. >>>>>>> >>>>>>> >>>>>>> >>>>>>> ----- Original Message ----- >>>>>>> From: "Mohib Anwar Rafay" <[email protected]> >>>>>>> To: "accessindia" <[email protected]> >>>>>>> Sent: Monday, June 08, 2015 11:21 PM >>>>>>> Subject: [AI] Urgent,is low vision covered under the definition of >>>>>>> blindness? >>>>>>> >>>>>>> >>>>>>>> Hey experts, I would be thankful if somebody could explain to me the >>>>>>>> section 2(b) of Persons with disabilities Act 1995. >>>>>>>> For ready reference, I am reproducing the section as follows: >>>>>>>> Sec2(b) define blindness, it provides “(b) "blindness" refers to a >>>>>>>> condition where a person suffers from any of the following >>>>>>>> conditions, >>>>>>>> namely:--- >>>>>>>> (I) total absence of sight. >>>>>>>> (ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the >>>>>>>> better eye with correcting lenses; or >>>>>>>> (iii) limitation of the filed of vision subtending an angle of 20 >>>>>>>> degree or worse.” >>>>>>>> >>>>>>>> Please explain to me the second and third point, so that I could >>>>>>>> argue >>>>>>>> that a person who has 10% remaining sight, is covered by the >>>>>>>> definition of blindness. >>>>>>>> The case is that who is a blind person. One point is clear that who >>>>>>>> has no sight is a blind person, but what is second and third point >>>>>>>> >>>>>>>> -- >>>>>>>> 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 >>>>>> >>>>>> >>>>>> >>>>>> 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 >>>> >>>> >>>> >>>> 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 >> > > > -- > Mohib Anwar Rafay > > Phone: +919 555 555 765 > > > > 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.. > -- Thanks and regards Himanshu Sahu Reach: 09051055000 Skype: himanshu.cute4u 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..
