[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

Mohib Anwar Rafay mohibrafel at gmail.com
Thu Jul 2 11:03:28 PDT 2015


Even I want that these rules/guidelines be implemented in their true
sence. Even I have been victim of  their excessive attitude many
times. I have faced the similar issue in three different states. Once
I was appearing in Uttar Pradesh higher education commission exam, the
examination in-charge allowed me the scribe after 20 minutes of
altercation. He submitted that along with the limited educational
qualification of the scribe (that was class 12) there should also be
the age restriction  of the scribe.
These people will never understand our problem, that's why I argue
that in stead of claiming total freedom in respect of the scribe, we
should claim something to which they could agree.

On 7/2/15, avinash shahi <shahi88avinash at gmail.com> wrote:
> Dear Mohib
>
> Let me start with the judgment I was talking about.
> block quote
> 15.     The two petitions are disposed of issuing the mandamus as
> above with emphasis on the fact that the decision taken by the Chief
> Commissioner for disabled persons would be implemented without demur
> by the User Department.
> block quote end
> Read details on the Score Foundation website:
> http://www.eyeway.org/?q=score-foundation-and-another-versus-ministry-social-justice-and-empowerment-and-another
>
> Whatever happened with you is very disturbing and speaks volumes about
> the mindset of the non-disabled policy-makers/exicuters. However, that
> should not deter us from losing faith in the judicial system. We have
> sufficient ground to take UGC to Court. Lets see what happens. I know
> Babus deploy one or the other ploys to scuttle the real intent of the
> law. We have limited option. NGOs don't organize mass-movements on the
> issues faced by students pursuing higher education. Lets university
> students get united and take the fight forward.
>
>
> On 7/2/15, Mohib Anwar Rafay <mohibrafel at gmail.com> wrote:
>> My observations and questions may look uncumfirtable to you, but this
>> is the reality when you enter into the court room. Perhaps you don't
>> have any idea how things work  on practical ground.
>> As I shared erlier on this mailing lis about my case, where I was
>> arbitrarily denyed to appear in UP Public Service Commission exam, as
>> I was not allowed to avail the services of the scribe because I am not
>> 100% blind. I filed writ petition in Allahabad High Court, but I
>> didn't get instent relief, thereafter immideatly I filed an SLP in the
>> Supreme Court of india . In Supreme Court I mentioned of relevant
>> provision of MSJE guidelines, which provide that, the facility of the
>> scribe should be allowed to any person who has disability of 40% or
>> more.
>> But Supreme Court Judge didn't pay any attention to it, and dismissed my
>> SLP.
>>
>> You are putting your argument and looking the situation from your own
>> point of view. Do you think your case will be heard ex part? When you
>> will enter into the court, don't forget you'll have regular counsel
>> there as your opponents. Will they have no mind to counter your
>> arguments? And you don't have any idea which objection may be
>> sustained by the court.
>>
>> My simple question is that why this provision was not challanged
>> itself when CBSE published the notification?
>>
>> What ever scribe they are arranging whether over qualified or under
>> qualified, they have confidence in them. Mean their self satisfaction,
>> you might be getting what I am referring to.
>> Can you elaborate your point number 2, "When students agreed to appear
>> along with the scribes provided by
>>  the schools, why they were barred from appearing?"
>> What do you mean by agreed? there was no such agreement between that
>> candidate and the school, the rule is simple, if you want the writer
>> to be arranged by the school, you'll have to make a request in writing
>> before one week of the exam. Did the candidate in question submitted
>> any of such written request? If yes, why did she carry a scribe along
>> with her?
>> The problem you raised in your point number 3, is merely their
>> procedure which could be challanged either in the office of CCPD or in
>> the High Court. They can argue that it is to prevent any kind of
>> irregularity at the last minute of the examination. Would you like
>> them to put a condition like UPSC where you will have to give the
>> detail of your scribe at the filling the application form only?
>>
>> The letter or communication forwarded by UGC which you are describing
>> as an order, is not order at all. Did this so called order contained
>> any of such words like all institution are directed to comply with
>> these guidelines?
>> Let me tell you, the office of CCPD has no directionery powers, Do you
>> think has it real teeth? Has this office power to punish for its
>> contempt? Can it issue writ of mandamus or writ of Certiorari? The big
>> answer is: No.
>>
>> Please mention the name of the case where High Court took a view that
>> office of CCPD has binding powers.
>>
>> On 7/2/15, avinash shahi <shahi88avinash at gmail.com> wrote:
>>> You're right,last time We had to seek permission from the College of
>>> vocational Studies. But this time, The UGC outsourced the
>>> responsibility to the CBSE for the June examination and one was
>>> directed to seek permission from his-her allotted Centre. And that
>>> particular decision caused enormous hardships to the disabled
>>> candidates.
>>>
>>> On 7/2/15, Anshul Kapoor (अंशुल कपूर) <anshul.kapoor at gail.co.in> wrote:
>>>> I don't  know the reason why such irregularities in scribe conditions
>>>> were
>>>> prevalent. I appeared in the UGC NET in Dec. 2014 and no such condition
>>>> was
>>>> laid out. The only condition was to take prior permission for the scribe
>>>> by
>>>> producing his mark sheets/ certificate of the last exam passed along
>>>> with
>>>> photocopy of his identity card duly signed by him. I appeared in Delhi
>>>> and
>>>> I
>>>> had to visit College of Vocational Studies, Shekhsarai for bringing my
>>>> own
>>>> scribe else no permission was required if the scribe provided by the
>>>> centre
>>>> was acceptable. The CVS issued the permission in writing and producing
>>>> the
>>>> same in the examination centre made the job more easier. The only
>>>> problem
>>>> was that 6 VH candidates were allotted 1 room and it became really
>>>> difficult
>>>> to differentiate between phrases read out by scribes. I had to
>>>> concentrate
>>>> really hard to listen to my question and made several requests to other
>>>> scribes for softening their vocals. A scribe reading in Hindi was almost
>>>> replicating an epic. On that day a huge amount of effort just went into
>>>> identifying my question from a set of several undifferentiated ones.
>>>>
>>>> With regards
>>>>
>>>> Anshul Kapoor
>>>> Cell- 9958890358.
>>>>
>>>> “Chase your dreams, just sleep on
>>>>
>>>> -----Original Message-----
>>>> From: AccessIndia [mailto:accessindia-bounces at accessindia.org.in] On
>>>> Behalf
>>>> Of avinash shahi
>>>> Sent: 02 July 2015 13:03
>>>> To: AccessIndia: a list for discussing accessibility and issues
>>>> concerning
>>>> the disabled.
>>>> Subject: Re: [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
>>>>
>>>> One has no problem in obtaining sanction for using the scribe. But why
>>>> to
>>>> visit day prior to the exam Centre along with the scribe? One of my
>>>> friends
>>>> studies in Jammu University has informed that his Exam Centre was 70 Kms
>>>> from his villege. And he couldn't visit the Centre multiple times due to
>>>> his
>>>> poverty.
>>>>
>>>> On 7/2/15, Asudani, Rajesh <rajeshasudani at rbi.org.in> wrote:
>>>>> Dear Avinash
>>>>> I endorse fighting non implementation of the provisions.
>>>>> However, taking prior sanction for a graduate scribe of another stream
>>>>> by producing documents is a reasonable conditionality, me thinks.
>>>>> Its non implementation of course has to be fought.
>>>>> But if you say, they should provide the competent scribe without any
>>>>> prior imtimation, I don't agree.
>>>>> Yes, on the spot sanction to the scribe brought by candidates we can
>>>>> demand.
>>>>>
>>>>> राजेश आसुदानी Rajesh Asudani
>>>>> AGM
>>>>> बाजार आसूचना ईकाई MIU
>>>>> Reserve Bank of India
>>>>> नागपुर Nagpur
>>>>>
>>>>> 0712 2806846
>>>>>
>>>>> President
>>>>> VIBEWA
>>>>> Co-Moderator
>>>>> VIB-India
>>>>>
>>>>> A-pilll = Action coupled with Positivity, Interest, Love, Logic and
>>>>> laughter.
>>>>>
>>>>>
>>>>> -----Original Message-----
>>>>> From: AccessIndia [mailto:accessindia-bounces at accessindia.org.in] On
>>>>> Behalf Of Asudani, Rajesh
>>>>> Sent: Thursday, July 02, 2015 11:07 AM
>>>>> To: AccessIndia: a list for discussing accessibility and issues
>>>>> concerning the disabled.
>>>>> Subject: Re: [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
>>>>>
>>>>> All interpretations of point 1 are valid.
>>>>> A graduate scribe from another discipline, of candidates' choice is
>>>>> provided subject to prior verification by center incharges.
>>>>> We should only substitute verification with sanction.
>>>>>
>>>>>
>>>>> I fail to understand why such a hew and cry is being raised against
>>>>> the provisions.
>>>>> If we just want to barge into the exam center with scribe of our
>>>>> choice dot at the time of exam, then it is another matter.
>>>>> Here, they are allowing scribe of our choice, only condition os
>>>>> another discipline, and prior sanction, so what is the problem?
>>>>>
>>>>> I know ground realities leave much to be desired.
>>>>>
>>>>> We may fight the non implementation of the provision, but attacking a
>>>>> reasonable provision itself is not justified.
>>>>>
>>>>>
>>>>> राजेश आसुदानी Rajesh Asudani
>>>>> AGM
>>>>> बाजार आसूचना ईकाई MIU
>>>>> Reserve Bank of India
>>>>> नागपुर Nagpur
>>>>>
>>>>> 0712 2806846
>>>>>
>>>>> President
>>>>> VIBEWA
>>>>> Co-Moderator
>>>>> VIB-India
>>>>>
>>>>> A-pilll = Action coupled with Positivity, Interest, Love, Logic and
>>>>> laughter.
>>>>>
>>>>>
>>>>> -----Original Message-----
>>>>> From: AccessIndia [mailto:accessindia-bounces at accessindia.org.in] On
>>>>> Behalf Of Mohib Anwar Rafay
>>>>> Sent: Thursday, July 02, 2015 10:49 AM
>>>>> To: AccessIndia: a list for discussing accessibility and issues
>>>>> concerning the disabled.
>>>>> Subject: Re: [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
>>>>>
>>>>> 1. Refer to the rules cited above:
>>>>> "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."
>>>>> What does this provision exactly provide?
>>>>> According to me Following may be the interpretations of this provision
>>>>> A. The scribe would be a graduate.
>>>>> B. the scribe should be graduate in the subject other than candidate's
>>>>> graduation subject.
>>>>> C. The scribe should be graduate in the subject other than for which
>>>>> candidate is appearing in UGC Net exam.
>>>>> It is not clear to me, whether the scribe should not be a graduate in
>>>>> the subject in which the candidate is writing the NET exam, or the
>>>>> candidate's subject of graduation?
>>>>>
>>>>> 2. The above quoted scribe rules provide "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.
>>>>>
>>>>> Here the notification clearly provides that you will have to appear
>>>>> before the exam center along with the scribe for the varrification
>>>>> purpose. At this stage, I am afraid you can not challange this
>>>>> provision.
>>>>> There is a principle of law, which prevent a person to change his
>>>>> position which he has taken erlier. You have accepted these arbitrary
>>>>> conditions and didn't challange it before the exam. There are lesser
>>>>> chances the court of law will entertain the plea for reconducting the
>>>>> exam on this ground.
>>>>> 3. the office of CCPD is not a court in strict sence. It can not issue
>>>>> a direction to public and other authorities. If you are seeking for
>>>>> reconducting the exam on these grounds, you will have to file a writ
>>>>> in the high court only on the basis that the guidelines are arbitrary
>>>>> and fail to establish the test of reasonableness, hence violating the
>>>>> principle of Article 14.
>>>>>
>>>>> 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
>>>>>> PROVISIONS FOR PERSONS WITH DISABILITY (INCLUDING VISUALLY CHALLENGED
>>>>>> CANDIDATES)
>>>>>> 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
>>>>>>
>>>>>>
>>>>>>
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>>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> Mohib Anwar Rafay
>>>>>
>>>>> Phone: +919 555 555 765
>>>>>
>>>>>
>>>>>
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>>>>
>>>>
>>>> --
>>>> Avinash Shahi
>>>> Doctoral student at Centre for Law and Governance JNU
>>>>
>>>>
>>>>
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>>>> To change your subscription to digest mode or make any other changes,
>>>> please
>>>> visit the list home page at
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>>>>
>>>>
>>>> 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/accessindia@accessindia.org.in/
>>>
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>>> please
>>> visit the list home page at
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>>>
>>>
>>> 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/accessindia@accessindia.org.in/
>>
>> 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
>>
>>
>> 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/accessindia@accessindia.org.in/
>
> 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
>
>
> 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



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