[AI] Sub: Stern Action Sought Against The UGC for violating the Office Memorandum Issued by the Government of India for Conducting Examination for Persons with Disabilities

akshun mahajan akshunmahajan885 at gmail.com
Thu Jul 2 00:07:02 PDT 2015

well we must support avinash on it because a lot of candidates were
harassed to the core and he is fighting for all on this issue.

On 7/2/15, avinash shahi <shahi88avinash at gmail.com> wrote:
> I don't understand why few of us who are arm-chair activists don't
> understand the gravity of the problem. What is principle law and
> actual law and effectuating law just leave it.
> I am not here to put forward my legal reasoning  and deposition on
> Access India that's preserved for the CCPD Office. ,however want to
> revert upon interpretation.
> 1. If scribes were not be higher than the graduation and of other
> subjects, then why concerned centres provided teachers/vice-principals
>  to write exams.
> 2. When students agreed to appear along with the scribes provided by
> the schools, why they were barred from appearing? Will UGC own any
> accountability?
> 3. Why verification prior to the week,or one day before the exams? Why
> it was mandatory to take along scribe multiple times to the centre.
> Why can't the verification be done on the date of examination? There
> are instances concerned centres didn't pick up calls days prior to the
> exams. Why a disabled candidate was subjected to this much pain and
> psychological trauma? When non-disabled candidates visit one day to
> write their exams. why we were forced to visit multiple times? who
> will pay the incurring cost of travel,food of both examinees and
> his/her writer fee? All such questions are not ordinary ones. They
> seek equality before the law. And the rule of law says that the Office
> Memorandum should have been adhered. Not only this, I have a copy of
> order issued by UGC to all universities to abide by the 2013 Office
> Memorandum. And the UGC itself violated this law. What an irony?
> I will not further entertain any interpretation in this regard on the
> list... However aggrieved  candidates are requested to flood letters
> to the Court of CCPD. I know the post is vacant for months but
> Secretary has designated an abled man to look in to the matters
> brought up before the Court. And as far as the Powers and authorities
> of the CCPD is concerned. It has the directionary powers. Better you
> read the PWD act carefully. (Sections 57 to 59). And the Delhi High
> Court in one of the recent cases maintained that the CCPD Court has
> binding powers.
> On 7/2/15, avinash shahi <shahi88avinash at gmail.com> wrote:
>> Friends
>> As a first procedural prerequisite, I've registered complaint against The
>> UGC
>> Interested candidates could also do the same to build pressure,then we
>> will go to the High Court if need arises.
>> To
>> The
>> Court of Chief Commissioner for Persons with Disabilities
>> Ministry of Social Justice & Empowerment
>> Department of Empowerment of Persons with Disabilities
>> Sarojini House, 6, Bhagwan Dass Road, New Delhi - 110 001
>> Sub: Stern Action Sought Against The UGC for violating the Office
>> Memorandum Issued by the Government of India for Conducting
>> Examination for Persons with Disabilities
>> Respected Hon’ble Court of The Chief Commissioner for Persons with
>> Disabilities
>> I am knocking at your door to apprise about the humiliation meted out
>> to the candidates with disabilities in the recently held UGC NET exam
>> on June 28 2015. The UGC imposed its arbitrary guidelines for the use
>> of scribe which is in complete violation and contrary to the Office
>> Memorandum issued by the government of India in February 2013.  As
>> aconsequence, scores of candidates with disabilities residing in the
>> different states of India have expressed anger and narrated their
>> ordeal on the social networking websites. Many were barred from
>> appearing in the examination for frivolous reasons and were treated
>> with contempt by the officials at the examination Centres. Some of the
>> bitter experiences shared by the candidates are reproduced below for
>> your kind perusal.
>> Block quote
>> Instead of verifying candidate-own scribe’s document on the date of
>> examination, The CBSE imposed extra burden and asked blind candidates’
>> to take permission one day prior to the exam. Now one could easily
>> apply one’s common sense to comprehend the discrimination. When the
>> all non-disabled aspirants were busy doing last-minute preparation,
>> blind candidates struggled from pillar to post in reaching the
>> different centres for availing permission to use writers. Most of them
>> who are very poor, were forced to incur extra money unnecessairily
>> Courtesy the CBSE.
>> (Avinash Shahi Delhi).
>> Block quote end
>> Block quote
>> My centre was at New Spot Public School in Vivek Vihaar. When I asked
>> about scribe’s fee ,they told me that why did you use scribe when we
>> provide braill question paper? I told them mam, yes you provide me
>> question paper in braill but you remember that you didn't provide me
>> answersheet in braill. She completely lost her point. Finally they
>> didn’t give my scribe’s his fee.
>> (Manish Jaiswal Delhi).
>> Block quote end
>> Block quote
>> A visually impaired girl has been out rightly denied permission to
>> take the exam at a center in Coimbatore, Tamilnadu. Ms.Barani, who has
>> just passed out of her M.A in English from Pondicherry University,
>> informed me the folowing yesterday: Those at the exam center in
>> Coimbatore did not provide a scribe, and also denied entry to the
>> scribe she took with her. They told her that she should have obtained
>> permission for bringing her own scribe one week earlier. They also
>> told her that even otherwise she should have informed the exam center
>> one week earlier that she would not bring her own scribe and hence
>> they themselves should (kindly) arrange one. Ultimately she was turned
>> down even though she had brought a scribe with herself, and requested
>> them to arrange anyone of their own choice.
>> (Muruganandan Tamil Nadu).
>> Block quote end
>> The above personal narratives are just in no way could be construed as
>> representational. Blind candidates in Odisha, UP, Bihar, MP and in the
>> whole of north east who have no internet connectivity suffered the
>> ill-treatment at the examination Centres. Below is relevant sections
>> of the NET Notification for the Court’s perusal
>> Block quote
>> i) Twenty five minutes compensatory time shall be provided for Paper –
>> I and Paper – II separately. For paper – III, fifty minutes
>> compensatory time shall
>> be provided. These candidates, on their request, will also be provided
>> the services of a scribe who would be a graduate in a subject other
>> than that of
>> the candidate. CBSE will also provide the Test Booklets of Paper-I,
>> Paper–II & Paper–III in Braille in those subjects only which are
>> printed in English
>> or English and Hindi along with usual Test Booklets as provided to
>> other candidates.
>> ii) The Persons with Disability (Physically Challenged) candidates who
>> are not in a position to write in their own hand-writing can also
>> avail these services
>> of scribe by making prior request (at least one week before the date
>> of UGC-NET) in writing to the concerned Center Superintendent.
>> Compensatory time and
>> facility of scribe would not be provided to other Persons with
>> Disability (Physically Challenged) candidates.
>> iii) The candidate has the discretion of opting for his/her own scribe
>> or has to request the concerned Center Superintendent for the same in
>> writing at
>> least one week in advance of the test. In such instances the candidate
>> is allowed to meet the scribe a day before the examination so as to
>> verify whether
>> the scribe is suitable or not. Those candidates who opt for their own
>> scribe have to produce the scribe before the concerned Center
>> Superintendent along
>> with his/her certificates of educational qualifications at least one
>> day before the test. (See the full notification)
>> http://cbsenet.nic.in/cbsenet/PDF/UGCNETbulletingJune2015.pdf
>> Block quote end
>> Above cited arbitrary provision imposed by UGC is contrary to the
>> Office Memorandum of GOI which states
>> Block quote
>> I.	Criteria like educational qualification, marks scored, age or other
>> such restrictions for the scribe/reader/lab assistant should not be
>> fixed.  Instead, the invigilation system should be strengthened, so
>> that the candidates using scribe/reader/lab assistant do not indulge
>> in mal-practices like copying and cheating during the examination.
>> Block quote end
>> Respected Hon’ble Court, the above mentioned harsh narratives faced by
>> disabled candidates are more than sufficient to reprimand UGC. And it
>> is imperative for the Hon’ble Court to protect the rights of the
>> disabled candidates  to equal opportunity and safety against
>> discrimination. Given the extent of mental trauma and raw treatment
>> meted out to the disabled candidates; Court should take stern action
>> against the UGC at the earliest. 1. The UGC should be directed to
>> reconduct NET examination for those candidates who were arbitrarily
>> denied to appear in the examination. 2. Hon’ble Court should ensure
>> that the aforementioned Office Memorandum issued by the Government of
>> India be enforced scrupulously in letter and spirit. I hope and trust
>> that the Court would construe this case as suo-motive and initiate
>> serious action as envisaged under Section 59 of the Persons with
>> Disabilities Act 1995 forthwith.
>> Complainant: Avinash Shahi
>> Ph.D Disability Policy Researcher at Centre for Law and Governance
>> Address
>> Room no-223
>> Second Floor
>> Periyar Hostel
>> Jawaharlal Nehru University
>> New Delhi 110067
>> Mobile: 9717230779
>> E-mail: shahi88avinash at gmail.com
>> --
>> Avinash Shahi
>> Doctoral student at Centre for Law and Governance JNU
> --
> Avinash Shahi
> Doctoral student at Centre for Law and Governance JNU
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we want peace not pieces.
Danish Mahajan

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