Judgement view
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Court Name:ALLAHABAD HIGH COURTSection: 33. Reservation of Posts -Context of circular:Eyeway Synopsis:Mr. Vinod (Physically Handicapped candidate) had applied for P.C.S (J) Examination and requested for reservation in the PWD quota, but the commission denied the plea, citing that there was no provision for reservation in the advertisement. Hence he filled a case against the commission for violating the legal provision (sec 33 of PWD Act 1995). The court directed that although Rule 20 of U.P Nyayik Sewa Niyamawali, 1951 doesn’t specify reservation for PWD but as a general rule PWD should be given reservation of 3% and the commission should publish advertisements which provide for reservation of seats for PWD .
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Court Name:ALLAHABAD HIGH COURTContext of circular:Eyeway Synopsis:Dr Ravindre Kumar has applied for the post of lecturer of geography, in accordance with the advertisement published by U.P Higher Education Service Commission Allahabad. He was not selected for the said post as there was no notification regarding reservation of posts for the person with disability and there were no vacancies for the said quota as well. The court directed the Commission, that reservation of post for Person with disability is a matter of law and should be provided even in absence of any notification as well.
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Court Name:the supreme court of indiaContext of circular:Eyeway Synopsis:A woman has applied for a flat allotted by D D A (Delhi Development Authority) since she didn’t tick on the type of flat she required due to which she was allotted L I G (Low income group) flat, while se wanted M I G (Middle Income Group ) flat. The court directed D D A to allot M I G flat to Godawari Bai on preferential basis and that too on the ground floor.
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Court Name:the supreme court of indiaSection: 33. Reservation of Posts -Context of circular:Eyeway Synopsis:A visually impaired person who suffers from 100% blindness appeared for the Civil Services Examination conducted by the Union Public Service Commission in the year 2006. After clearing the preliminary examination, he appeared for and successfully cleared the main exam. There after, he was called for a personality test wherein he was not selected for the post , even though his name was on the fifth position in the PH category. Owing to this he filled a case against the entire system of UPSC. The court directed the UPSC officials to formulate a committee so as to identify apt posts for persons with disabilities, to which they can be recruited without any discrimination, and ordered the commission to appoint the respondent, Mr. Ravi, for the said post as per the PWD Act 1995 (keeping in view different sections like :32, 33 ect ).
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Court Name:the supreme court of indiaContext of circular:Eyeway Synopsis:Pratul kumar send a letter to the court basis a newspaper report stating the sexual exploitation of a blind girl in Berhampur (Orissa) at her school premises. The court ordered the Chief Judicial Magistrate of Berhampur to look into the matter and submit a report as soon as possible. The chief judicial magistrate reported the case to be suspicious and advised the court not to enter into the matter. The court however did issue certain guidelines for proper management of the school from girls’ security point of view.
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Court Name:the supreme court of indiaSection: 33. Reservation of Posts -Context of circular:Eyeway Synopsis:A person has cleared Public Service exam and was given the post of agricultural officer class II but later on his appointment was canceled due to disability ( colour blindness). The court said that out of 35 agricultural officer’s posts 30 posts can be given to any person with disability. Hence the court directed the Commission to appoint Nandakumar for any of these posts within two months of passing of this order.
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Court Name:the supreme court of indiaContext of circular:Eyeway Synopsis:An NGO through writ petition requested that eligible visually impaired candidates be allowed to sit for the civil service examination and write the exam with the help of a scribe or Braille script. The court observed that some jobs have already been identified to be suitable for visually impaired people. Hence an eligible candidate with visual disability should be allowed to write the entrance exam with the help of Braille or scribe.
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Court Name:the supreme court of indiaContext of circular:Eyeway Synopsis:A person with orthopedic disability was not given concession in Indian Airlines, even though a person with visual disability is given a concession by the same airlines this is a sort of class level discrimination among the disabled group at large. Mr. Abidi also requested for availability of ambulift and aside chairs at the airport for person with disabilities. The court directed that a person having orthopedic disability 80% and above, can be given concession as they have difficulty in moving. The court ruled that Indian Airlines give concessions to persons with orthopedic disability, on the production of disability certificate, issued by Chief District Medical Officer only.
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Court Name:the supreme court of indiaContext of circular:Eyeway Synopsis:A case (Public Interest Litigation) was filled so as to make duty bearers at state or local level work towards providing proper medical facilities to visually impaired people in the country by setting up regular check up camps for them. The Union had of India formulated a scheme for periodical check-ups and treatment of visually impaired persons admitted to blind schools run by Delhi Administration or voluntary organisations for education/ rehabilitation of visually impaired persons. Supreme Court opined that the said scheme deserved to be adopted by all States and the Union Territories so that assistance in the shape of medical check-up and treatment was available to visually-impaired people. It would also ensure that none of visually-impaired person’s are denied corrective surgery. The Supreme Court thus issued notices to the health secretaries of all the states and union territories to show-cause why the scheme should not be implemented.
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Court Name:The Supreme Court of IndiaSection: 33. Reservation of Posts -Context of circular:Eyeway Synopsis:A boy who was suffering from locomotive disability had successfully cleared combined state service examination conducted by Uttar Pradesh Public Service Commission. Although he was eligible to be appointed for the post of Provincial Civil Service( Executive Bench) he was given the post of a manager. The court ordered that since this disability is not stopping the boy from doing his duty so he should be given the post of Provincial Service along with cost for case.
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