[AI] Appoint visually handicapped person who cleared IAS exam'

akhilesh akhil.akhil29 at gmail.com
Thu Jul 8 05:03:52 EDT 2010


As far as I know, According to Advocate act 1961 to argue his or her
case, a person should at least have a LL.B. digree.
Sorry if its wrong.


On 7/8/10, Subramani L <lsubramani at deccanherald.co.in> wrote:
> Pardon my ignorance... How easy/difficult for an individual to argue his
> own cse?
>
> Subramani
>
> -----Original Message-----
> From: accessindia-bounces at accessindia.org.in
> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of pradeep
> banakar
> Sent: Thursday, July 08, 2010 10:07 AM
> To: accessindia
> Subject: [AI] Appoint visually handicapped person who cleared IAS exam'
>
> Appoint visually handicapped person who cleared IAS exam'
> J. Venkatesan
> http://thehindu.com/todays-paper/tp-national/article505093.ece
> New Delhi, July 8, 2010
> The Supreme Court on Wednesday came to the rescue of a visually
> handicapped person who cleared the 2006 Civil Services examination and
> the interview but was denied employment.
>
> It directed the Government of India to appoint him under the
> provisions of Persons with Disabilities (Equal Opportunities,
> Protection, Rights and Full Participation) Act.
>
> A Bench consisting of Justices Altamas Kabir and Cyriac Joseph
> rejected the Centre's contention that since posts for the visually
> handicapped had not been identified, no appointment could be provided
> to respondent Ravi Prakash Gupta. Mr. Gupta, who is 100 per cent
> blind, himself argued the case.
>
> Writing the judgment, Justice Kabir said the fact that the respondent
> was eligible for appointment in the civil services after having been
> declared successful and placed at Serial No. 5 in the Disabled
> Category of the visually impaired candidates could not be denied.
>
> The Centre's contention on implementation of the provisions of Section
> 33 of the Disabilities Act only after identification of posts suitable
> for such appointment "runs counter to the legislative intent with
> which the Act was enacted."
>
> The Bench said that "to accept such a submission would amount to
> accepting a situation where the provisions of Section 33 of the Act
> could be kept deferred indefinitely by bureaucratic inaction. As has
> been pointed out by the High Court, neither Section 32 nor Section 33
> makes any distinction with regard to Grade 'A', 'B', 'C' and 'D'
> posts.
>
> They only speak of identification and reservation of posts for people
> with disabilities, though the proviso to Section 33 does empower the
> appropriate government to exempt any establishment from the provision
> of the said Section, having regard to the type of work carried on in
> any department or establishment."
>
> The judges said, "The Legislature never intended the provisions of
> Section 32 of the Act to be used as a tool to deny the benefits of
> Section 33 to these categories of disabled persons indicated therein."
>
> In the instant case, the Delhi High Court set aside the orders of the
> Central Administrative Tribunal rejecting the relief sought for by Mr.
> Gupta. It directed the Centre to grant him appointment as there was
> sufficient number of vacancies in which he could be appointed. The
> present appeal by the Centre is directed against this order.
>
> The Supreme Court Bench, while declining to interfere with the High
> Court order, granted the Centre eight weeks for complying with the
> directions.
>
> Disapproving of the Centre's stand, the Bench imposed Rs.20,000 costs
> on it to be paid in four weeks.
>
>
>
>
> ------------------------------------------------------------------------
> --------
>
> Bench asks government to give him job under the Disabilities Act
> Rejects Centre's contention that Act could be implemented only after
> identification of posts
>
>
> ------------------------------------------------------------------------
> --------
>
> Voice your thoughts in the blog to discuss the Rights of persons with
> disability bill at:
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> Voice your thoughts in the blog to discuss the Rights of persons with
> disability bill at:
> http://www.accessindia.org.in/harish/blog.htm
>
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