Dear Friends,
 
High court Indore passed a land mark judgement in favor of people with
disabilities of Madhya Pradesh.
.         6 Dec 2013 
.         Hindustan Times (Indore)
.         HT Correspondent [email protected] 
Fill up vacancies for disabled people, high court tells govt 
EACH OF 3 CATEGORIES OF HANDICAPPED HAS TO BE GIVEN 2% QUOTA AND ONE
CATEGORY OF HANDICAPPED CANNOT POACH INTO ANOTHER'S QUOTA, JUSTICE SAID
INDORE: In an important decision that will open the way for disabled people,
especially the visually impaired, to get government employment, justice NK
Mody of Indore bench of the Madhya Pradesh high court, has directed the
state government to provide them employment under the provisions of Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act 1995, within a fixed time frame. 
Justice Mody gave these directions while hearing a contempt petition filed
by Nilesh Singhal, who is visually handicapped, through advocate Anil
Trivedi, against secretary general administration department, K Suresh, and
three others for not following an earlier order passed by the court on
February 26, 2008. 
During the hearing, it came to the notice of the court that the handicapped
quota had not been filled in most of the categories. The quota has been
filled in Class IV, but here the physically challenged have been given more
than 2% of the jobs at the expense of the deaf and mute and the visually
impaired, which justice Mody ruled was wrong. He said each of the three
categories of handicapped has to be given 2% quota and one category of
handicapped cannot poach into another's quota. 
In his order, justice Mody said the government has to ensure that each
candidate of the special category is given job as per his qualification
during the special drive to recruit physically challenged, which is in force
till June 2014. The principal secretary, GAD, has been made personally
responsible to see that every handicapped is provided employment. 
The principal secretary, GAD, has been directed to furnish an affidavit
within four weeks to the effect that the state government undertakes to
provide employment to the handicapped candidates within six months. If the
affidavit is not filed, the next hearing will take place six weeks later,
otherwise, the case has been listed on July 1, 2014. 
If the government fails to provide employment to the handicapped during the
special drive on or before June 2014, allowance shall be given to each
registered handicapped which shall be equal to the salary of a daily rated
employee. In case of non-compliance, the principal secretary, GAD, shall
remain present in person to show cause why the order passed by the court has
not been complied with. 
In any advertisement that is issued, it will be the duty of the officials to
ensure that 2% posts are reserved for each of the special category -
visually impaired, deaf and mute and locomotive disabled. 
When applications are invited by any department for providing employment, it
will be the duty of the department concerned to collect the names of the
handicapped people of each of the categories from the respective employment
exchange. 
The government was also directed to provide employment to Dr Ms Fatema
Jamali, Anand Kumar Shukla, Shivendra Parihar and Dhar mendra Latoriya
within six months without fail and if required, by relaxing the rules. The
state government has been asked to give wider publicity in the media
indicating the right of reservation relating to the disabled. The government
was further directed to inform the visually impaired candidates of the
district, where the posts were being filled, through registered post as and
when the posts became vacant.
 
    
For more information, please contact to Mr. Nilesh Singal-9425602524. 
 
Thank you
 
Regards
 
Sonu
 

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