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  1. Court Name:
    DELHI HIGH COURT
    Context of circular:
    Eyeway Synopsis:

    The petitioner, an NGO working for the protection of rights of persons with disabilities had filed a petition for the non-compliance of 3% reservation provision as given under PWD Act 1995 by Government of NCT of Delhi. The honer'ble court directed the respondant to ensure that while preparing the select list, such persons claiming the benefit of the 3% quota reservation, who are otherwise entitled to be appointed on the basis of their own merit, should be treated as general category candidates and shall not be adjusted in the 3% quota, thus leaving the quota under the Act for other persons eligible to claim a job under it. 

     

  2. Court Name:
    Bombay High Court
    Context of circular:
    Eyeway Synopsis:
    A visually impaired student appeared for XIIth standard examination of Maharashtra State Higher Education Board and  secured  101 out of 200 marks. Although he secured   24th  rank   amongst   the physically challenged (Specified Reservation Merit), he was not given admission, while others having scored less than him were given admission to the course. In the following circumstances the petitioner pleaded for admission for the  course as per provison of UNCRPD Article 24 and PWD Act.
     
    It was directed that the petitioner shall be granted provisional admission to the degree course of Bachelor  of   Physiotherapy, and be allowed to proceed with studies in the degree course without any impediment. It was further stated that he be allowed to take the help and  support of Resource Centres like ‘Xavier’s   Resource   Centre   for   the   Visually   Challenged’, Mumbai.

  3. Court Name:
    DELHI HIGH COURT
    Context of circular:
    Eyeway Synopsis:
    The application was filed by an NGO working for the protection of rights of persons with visual impairment. This was in cognizance with the order passed by the Delhi High Court for the reservation of sears for the post of stenographer, telephone operator and special educator (computer science). The chief commissioner for persons with disabilities had ordered the ministry of social justice to reanalyse and submit a consolidated list of identified posts for persons with disabilities and ordered DSSSB to republish posts for, and reserve one percent seats for persons with visual impairment. 
  4. Court Name:
    DELHI HIGH COURT
    Context of circular:
    Eyeway Synopsis:
    This writ was filed by an NGO working for the rights of persons with visial impairemet (Score Foundation), under this writ the petitioner pleaeded for resrvatrion of seats for visually impaired persons for the posts of stenographer, telephone operator and special teacher. The court stated the provisions given undre section 32d of the PWD Act 1995 must be honoured by every government department. However due to the presence CCPD, the court passed on the matter to CCPD to deal with as it saw fit and made its ruling legally bindingfor all parties.  
  5. Court Name:
    Delhi High Court
    Context of circular:
    Eyeway Synopsis:
    A public interest litigation was filled to highlight an incidence of discrimination on the part of a government department in the recruitment process against persons with disabilities (blind and low vision people). The court directed the Union of India to constitute a commitee consisting of Cheif Commisioner for persons with disabilties, joint Secretary Department of Personnel & Training, Joint Secretary Ministry of Social Justice and Empowerment, Joint Secretary Department of Public enterprises, and Secretary Staff Selection Commission and solicit information with regard to recruitments done by PSU from the date of enactment of PWD Act 1995, and prepare a backlog of vacancies in every establishment for persons with disabilities. It also orderd the commitee to ensure at least 50% vacancies in shortlisted companies be filled by persons with disability. Further it was directed by the court to PSU and governmetn department that no recruitment can be done unless provisons  are made for persons with disabilties. 

  6. Court Name:
    Delhi High Court
    Context of circular:
    Eyeway Synopsis:
    The petitioner a Visually Physically Handicapped Person, was a candidate for the post of Lecturer in Geography in Kirori Mal College. She could not qualify the selection process held for the said post. She went to court seeking action, on grounds of her rights under PWD Act 1995 being violated. The court directed the chief commissioner for persons with disability to decide on the matter pending before it and gave the petitioner the option of taking legal action in case she is not satisfied with the order of the CCPD.
  7. Court Name:
    Delhi High Court
    Context of circular:
    Eyeway Synopsis:
    This petition was filed when the petitioner read an advertisement inviting applications for Group B post, whereby there was reservation for ST/SC/OBC but no reservation was awarded for persons with disabilities. Although The Persons With Disabilities Act mentions for reservation of 3% in government jobs but ministry of railway didn't followed this legal provision, hence a public interest litigation was filed. The court allowed the writ petition by directing the UOI as follows:-
    1. The respondent shall fill up the backlog of reserved posts of PH persons. For this purpose, special recruitment drive shall be undertaken. 
    2. The revised schedule shall be fixed with two weeks fixing time limit  within six months within which all the vacancies in Group – A,  C and D shall be filled up.
      
  8. Court Name:
    Delhi High Court
    Context of circular:
    Eyeway Synopsis:
    The petitioner challenged the provisions of DTU that has provided 10 percent concession of marks in the minimum eligibility requirements for candidates belonging to SC/ST, but relaxation of only five per cent for people with disabilities Thus, he filed a petition to demand equal relaxation of marks for PwD at par with SC/ST candidates. It was held that the provision giving only 5% concession in marks to PWD candidates as opposed to 10% relaxation provided to SC/ST candidates was discriminatory and PWD candidates were also entitled to the same treatment. The mandate was, accordingly, issued directing the DTU to provide 10% relaxation. Thus, the minimum eligibility requirement for persons belonging to PWD became 50% in PCM. Since the petitioner became eligible to be considered for admission in B.Tech course of DTU, his case was accordingly considered for admission and if found eligible for admission, he was to be granted admission immediately. 

  9. Court Name:
    Calcutta High Court
    Context of circular:
    Eyeway Synopsis:
    Sanchita Biswas, a physically handicapped candidate appeared for the Joint Entrance Examination of 1997 for admission to Medical Colleges in Calcutta. But she was unsuccessful in clearing the Entrance Examination. After the examination was over the government reserved eight seats for hill candidates along with other category reservations but no seat was reserved for physically handicapped persons. So the respondent filed a writ petition. The court directed the concerned authority to prepare a special list of the physically handicapped candidates who appeared for this examination in 1996-97 and give those on this list reservation of three per cent.

    The authorities challenged the court's order by filing the present appeal. They argued that state government providing reservation to hill candidates on the basis that it would cater to the medical needs of hill people. The writ petition could not have been allowed after having participated in the selection process in which the respondent was unsuccessful.

    The court held that, in the prescribed form for appearing at the Joint Entrance Examination for Medical Stream there is a space to indicate whether the candidate is physically handicapped. After indicating in the affirmative the petitioner sat for the examination expecting some protective leniency. But the authorities failed to provide reservation to physically handicapped persons. So the appeal was dismissed.

  10. Court Name:
    Calcutta High Court
    Context of circular:
    Eyeway Synopsis:
    A young man with physicial disability had applied for West Bengal civil service (judicial) exam 2003. While filling up candidature he made a mention about his disability. He appeared for qualified the exam but couldn’t qualify in the interview. Later on it was pointed out by Somak Das and one more candidate through a writ petition that the selection committee had made a mistake by not applying sec 33 of PWD Act 1995 and hence this act of the committee was illegal. The court ordered that non reservation of some of the posts for physically handicapped person would amount to an error in the selection process of the selection committee. The court found that since Mr. Somak had secured 47% in his written test and interview, which is above benchmark hence he should be selected by the selection committee as soon as possible.

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