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

anjali Anand anjalianand1 at gmail.com
Thu Jul 8 05:14:32 EDT 2010


No, for arguing one's own case you need not to have a LL.B. degree.
 You need to have the abovementioned degree if you wish to argue some
one else's case  in the court of law only.  (not in other fora etc
such as the Consumer Redressal Forum)

On 7/8/10, akhilesh <akhil.akhil29 at gmail.com> wrote:
> 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:
>> http://www.accessindia.org.in/harish/blog.htm
>>
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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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>
> Voice your thoughts in the blog to discuss the Rights of persons with
> disability bill at:
> http://www.accessindia.org.in/harish/blog.htm
>
> To unsubscribe send a message to accessindia-request at 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
>




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