[AI] Bombay HC asks its administration to set aside 400 non-judicial seats for the disabled

Nagababu Arepalli nagababu892 at gmail.com
Fri May 4 06:11:30 EDT 2018

we need to force supreme court to law that, VI candidates are also
eligible for judicial posts.
since there is no mechanism for speedy adjudication of cases, the high
courts are just passing interm orders and not taking the matter for
hearing further if the candidate did not qualify in the exam that
petition will never be adjudicated for final ruling.

On 5/4/18, avinash shahi <shahi88avinash at gmail.com> wrote:
> I wonder, why not judicial posts? When will judiciary shed its biases?
> Anyway congratulations to Bombay NAB and now they should follow it up
> with the HC administration. One more drawback, HC should have fixed
> timeline to advertise 400 posts for the disabled but it simply skipped
> this crucial aspect and only said 'at the earliest'. 'at the earliest
> can be stretched intentionally to many years. So constant vigil and
> monitoring is needed. NAB Mumbai should continue pressing for the
> release of the advertisement.
> https://timesofindia.indiatimes.com/city/mumbai/job-quota-hc-asks-its-administration-to-set-aside-400-non-judicial-seats-for-the-disabled/articleshow/64022713.cms
> HC asks its administration to set aside 400 non-judicial seats for the
> disabled
> MUMBAI: In an order that comes as a boost to rights of the
> disabled,
> the Bombay high court on Thursday held that provisions of the Rights
> of Persons with Disabilities Act of 2016 would apply to the HC on its
> administrative
> side for recruitment of non-judicial staff. The HC, thus, directed
> that 4% or nearly 400 posts be kept on hold in a recruitment process
> launched recently
> for posts of peons, clerks and stenographers in subordinate judiciary
> across the state..The HC vacated a stay on recruitment granted earlier
> last month.
> A bench of Justices Naresh Patil and Girish Kulkarni partly allowed a
> PIL filed by the National Association of the Blind (NAB), which said
> the 2016 social
> welfare legislation applies to courts too. The HC held the law does
> not apply to the HC on its judicial side...
> Recommended By Colombia.The HC directed the court administration to
> not fill 4% of the posts in the recruitment process which are required
> to be reserved
> for persons with disabilities. And it directed a “fresh recruitment
> drive be undertaken at the earliest” after posts are identified to
> enforce reservation.
> The bench said the law, which confers rights on the disabled, “must be
> implemented in letter and spirit.” “The provisions must be liberally
> construed so
> that the object of the law is achieved,” the bench said. The 2016 Act
> which has expanded the list of disabilities to confer benefit on a
> larger section
> had been in operation for a year before HC issued its recruitment ad.
> But the HC administration could not identify posts to be reserved,
> observed the judges..
> lakh
> ..The HC had recently advertised for recruitment for 9,000 posts of
> stenographers, peons and clerks in district courts. The drive was
> stayed by HC last
> month after NAB and Sachin Chavan from Aurangabad filed two PILs to
> question lack of reservations under the Disabilities Act. The HC’s
> administrative side,
> through counsel Sudhir Talsania, said it was its choice whether to
> adopt and apply the Act. But HC said it was “not convinced with the
> submissions” as
> it was clear the earlier 1995 law was made applicable to nonjudicial
> services in judiciary....Advocate general Ashutosh Kumbhakoni said on
> its “administrative
> side” the HC was akin to “a state” to which the 2016 Act would be
> applicable. The bench agreed. The HC accepted submissions of Talsania
> that courts need
> additional staff and rejected a plea by Warunjikar for stay on
> recruitment to continue. Allowing the recruitment process to go on,
> the HC said, “We are
> conscious of the fact that keeping the posts vacant in the courts is
> not going to serve any purpose as the same would affect effective
> functioning of courts.”..
> --
> Avinash Shahi
> Doctoral student at Centre for Law and Governance JNU
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Nagababu Arepalli national law university odisha,
PH: +919000963966>+918688071288
mail ID:
nagababu892 at gmail.com
nagababunani6 at gmail.com
11ba015 at nluo.ac.in

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