[AI] Fw: [NFB India] Read the entire judgement regarding scribe guidelines

Asudani, Rajesh rajeshasudani at rbi.org.in
Thu Dec 6 00:00:05 EST 2018


Simply, it means if there is no pool of scribes to choose from, candidate can take any scribe on their own, as was happening till now.

-----Original Message-----
From: AccessIndia [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of john clayton
Sent: 05 December 2018 23:04
To: accessindia <accessindia at accessindia.org.in>
Subject: Re: [AI] Fw: [NFB India] Read the entire judgement regarding scribe guidelines

Hi,
 What the above means when simplified is.
 Disclaimer: I am not a lawyer, nor have studied law beyond the very basics if it can be called that, but I do understand english, so no linching if I get something wrong.
 Read it with a grain of salt.
 What the order posted by the OP basicly says is if examining authorities haven't been able to make available a panel of scribes as per the latest guidelines prescribed (issued launched what have you) in 2018 the candidates can use the guidelines posted in 2013. I.E scribe that meets those qualifications.
 So all the examinations to be conducted should follow the 2018 guidelines but if they dont have a pool of scribes to choose from a candidates can find their own scribe, but do read both of those scribe guidelines vis 2013
2018 to understand the nitty gritty details.
 hth some.



On Wed, 5 Dec 2018 at 18:54, Kakarla Nageswaraiah <nageswara1982 at gmail.com>
wrote:

> Guidelines dated 26.02.2013.
>
> On 12/5/18, Avichal Bhatnagar <coolavichal at gmail.com> wrote:
> > Does anybody have an idea about which guidelines will be followed in
> > the upcoming NET exam?
> >
> > On 12/5/18, rajendra dhurve <rd0604 at gmail.com> wrote:
> >> Can somebody explain this in a simple language?
> >> it is so complicated
> >>
> >> On 12/5/18, Sanchit Katiyar <sanchitkatiyar93 at gmail.com> wrote:
> >>> Would you please provide a link to this judgement?
> >>>
> >>> Regards,
> >>> Sanchit Katiyar
> >>> PhD research scholar (University of Delhi)
> >>>
> >>> EMail: sanchitkatiyar93 at gmail.com
> >>>
> >>> On Wed, Dec 5, 2018, 10:57 AM Amit Bhatt <misterbhatt at gmail.com wrote:
> >>>
> >>>>
> >>>> ----- Original Message -----
> >>>> From: "MEDIA WING NATIONAL FEDERATION OF THE BLIND via NFBINDIA"
> >>>> <nfbindia at lists.nfbindia.org>
> >>>> To: <nfbindia at lists.nfbindia.org>
> >>>> Cc: "MEDIA WING NATIONAL FEDERATION OF THE BLIND"
> >>>> <mediawingnfb at gmail.com>
> >>>> Sent: Tuesday, December 04, 2018 7:14 PM
> >>>> Subject: [NFB India] Read the entire judgement regarding scribe
> >>>> guidelines
> >>>>
> >>>>
> >>>> > S-38
> >>>> > IN THE HIGH COURT OF DELHI AT NEW DELHI
> >>>> > + WP.(C) 12222/2018
> >>>> > ADITYA NARAYAN TIWARI& ANR
> >>>> > Petitioners
> >>>> > Mr. S.K. Rungta, Senior Adv. with Mr. Shivankar Shukla, Mr.
> >>>> > Prashant Singh and Mr. Siddhart Jain, Advs.
> >>>> > Through
> >>>> > versus
> >>>> > UNION OF INDIA & ANR
> >>>> > Through Mr. Vivek Goyal, CGSC with Mr Pawan Pathak, Adv. for
> >>>> > UOUR-1 Mr. Jagat Arora, Mr. Rajat Arora and Mr. Murad Khan,
> >>>> > Advs. for R-2
> >>>> > CORAM:
> >>>> > HON'BLE MR. JUSTICE SURESH KUMAR KAIT ORDER
> >>>> > 04.12.2018
> >>>> > No
> >>>> > 2018
> >>>> > By the application No. 50801/2018, applicant/ respondent no.2
> >>>> > seek direction thereby to follow the new guidelines dated
> >>>> > 29.08.2018 without fulfilling the part of Clause-V which speaks
> >>>> > about 'creating Panel of Scribes.
> >>>> > The petitioners have filed CM APPL No. 50752/2018 whereby seek
> >>>> > direction directing the respondent no.2 to conduct the
> >>>> > examinations for clerical posts scheduled for 9.12.2018 on the
> >>>> > basis of the guidelines for use of scribe issued by respondent
> >>>> > no. 1 vide
> file
> >>>> > No. 6-102003/DD-III dated 26.2.2013 instead of guidelines of
> >>>> > 29.08.2018, which is sought to be enforced and further
> >>>> > directing Scanned by CamScanner
> >>>> >
> >>>> >
> >>>> > respondent no. to issue elear instructions to all concerned
> >>>> > that
> till
> >>>> > such time they are able to put in place of panel of scribes at
> >>>> > different levels in terms of requirements of examination in
> >>>> > discharge of their obligations under Clause-V of guidelines of
> >>>> > 2018, the examinations being conducted by them shall be
> >>>> > conducted on the basis of guide lines issued by respondent no.
> >>>> > on 26.02.2013 disposal of the present petition.
> >>>> > On 15.11.2018 during the course of hcaring, the counsel for
> >>>> > respondent no.2 stated that the representation has been
> >>>> > considered
> by
> >>>> > thc Department of Empowermen of Persons with Disabilities,
> >>>> > Ministry of Social Justice &Empowerment and accordingly the
> >>>> > Department has clarified to respondent no.2 ie. IBPS that the
> >>>> > guide lines dated 29.08.2018 are applicable for all
> >>>> > examinations for the recruitment for which advertisement s
> >>>> > notified on or after 29.08.2018. The guidelines dated
> >>>> > 26.02.2013 are applicable for the examination for which action has been initiated prior to 29.08.2018.
> >>>> > Accordingly, this Court observed in order dated 15.11.2018 that
> >>>> > since the respondent no.2 has taken the decision that they
> shall
> >>>> > not implement the guidelincs dated 29.08.2018 in the
> >>>> > examination of the Probationary Officers and Management
> >>>> > Training to be conducted on 18.11.2018, the prayer for the said
> >>>> > purpose was satisfied, at
> that
> >>>> > stage.
> >>>> > Consequently, this Court directed that necessary changes shall
> >>>> > be carried out on the portal of respondent no.2 for the
> >>>> > examination which is to be held on 182018. It was made clear
> >>>> > that no examination of any of the Department shal be conducted
> >>>> > without Scanned by CamScanner
> >>>> >
> >>>> >
> >>>> > complying obligations under Clause-V of guidelines dated
> >>>> > 29.08.2018 issued by the respondent no.1. It is further
> >>>> > directed that
> respondent
> >>>> > no.l shall communicate this order to all the concerned
> >>>> > Departments for compliance.
> >>>> > It is not in dispute that the respondent no. I has conveyed the
> >>>> > directions dated 151.2018 passed by this Court In the present
> >>>> > application No. 50801/2018, the applicant / respondent no.2 has
> >>>> > shown its inability to prepare the panel of scribes and
> >>>> > therefore, seeks direction to allow the applicant /respondent
> >>>> > no.2
> >>>> > to follow the new guidelines dated 29.08.2018.
> >>>> > Learned counsel appearing in CM APPL No. 50752/2018 submits
> >>>> > that if the respondent no.2 or any other Department is not able
> >>>> > to prepare panel of scribes, then the petitioners and similarly
> >>>> > situated persons should be allowed to participate in any of the
> >>>> > examination, in terms of guidelines dated 26.02.2013.
> >>>> > Counsel for the respondent no.2 has no objection if such
> >>>> > direction is issuedl the panel of scribes is formed.
> >>>> > Accordingly, I hercby modify the order dated 15.11.2018 and
> >>>> > direct the respondent no.2 to allow the petitioners and other
> >>>> > similarly situated persons to have scribes of their choicc as
> >>>> > per guidelines dated
> >>>> > 26.02.2013
> >>>> > I hereby made it clear that till the panel of scribes is
> >>>> > formed, if any examination is conducted by any of the
> >>>> > Department whercin the petitioners and similarly situated
> >>>> > persons appear in the exam, the guidelines dated 29.08.2018
> >>>> > shall not be applicable, however, the candidat te shall appear
> >>>> > in terms of guidelines dated 26.02.2013.
> >>>> > Scanned by CamScanner
> >>>> >
> >>>> >
> >>>> > Accordingly, the respondent no. is directed to issue
> >>>> > corrigendum to their letter dated 28.11.2018.
> >>>> > In the corrigendum it would be specifically stated that, tll
> >>>> > the panel of scribesisnot formed, any of the Department who are
> >>>> > conducting the exam, shall not conduct the exam in terms of
> >>>> > guidelines dated 29.08.2018.
> >>>> > Consequently, the neccssary changes shall be carried out on the
> >>>> > portal of respondent no.2 for the examination to be held on
> >>>> > 09.12.2018 and 30.12.2018.
> >>>> > In view of the above directions, both the applications are
> >>>> > disposed of accordingly Order dasti under signatures of Court
> >>>> > Master SURESH KUMAR KAIT, J DECEMBER 04, 2018 gb High Court of
> >>>> > Delhi New Delhi Court Master Scanned by CamScanner
> >>>> >
> >>>> >
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
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> >
> >
> > --
> > Avichal Bhatnagar
> > M.Phil research scholar at
> > School of Humanities and Social Sciences
> > Guru Gobind Singh Indraprastha University
> >
> >
> >
> >
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> >
>
>
> --
> కాకర్ల నాగేశ్వరయ్య
>
> K. Nageswaraiah
>
>
>
>
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--
***
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essential thing is not to have conquered but to have fought well.”



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