Court Orders

A clear verdict on quota demanded by the high court.

The Bombay high court asked the state to come clean on its intentions to frame a policy regarding reservation for disabled persons in government jobs. Hearing a public interest litigation on the issue, a division bench of chief justice Harjit Singh Bedi and justice V M Kanade also asked the state government to clarify its stand on reservation for disabled persons in promotions.

According to the PWD Act, three per cent of the posts in government departments have to be reserved for the disabled.  Goa already has adopted a policy that envisages equal opportunities and has followed the norms of the act.  It also offers incentives to employers in the private sector, in this regard.

Associate advocate general Ashutosh Kumbhakoni informed the court that 79 per cent of the posts reserved for the disabled had been filled. The rest would be filled expeditiously, Kumbhakoni said.

In an affidavit submitted to the court, it was stated that of the 27 government departments, the urban development department and the rural development department had the most number of posts reserved for disabled vacant (439), school education (394) and agriculture (260) departments.

Advocate Uday Warunjikar, counsel for the petitioner, alleged that the state was not complying with court orders on the issue. The HC has also instructed that the report by the committee set up to identify posts suitable for the disabled, be tabled before it in four weeks.

On promotions, Kumbhakoni informed the court that the Maharashtra Public Services Authority was responsible with regard to Class A and Class B. The court has asked the petitioners to make MPSC a party to the petition.

In a related order, the HC directed the government to provide writers to visually challenged candidates taking the examinations.

Source: Come clean on quota for disabled: HC,The Hindustan Times, Daily, Patna, 15 November 2006.

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Economic Development Scheme

After approving three per cent job reservation, Meghalaya today launched the Economic Development Scheme for persons with disabilities. The scheme would provide loan to persons with disability to upgrade their entrepreneurial skills and for pursuing technical and professional education, training or agricultural activities.

The scheme is being financed by the Union Ministry of Social Justice and Empowerment. Only persons with 40 per cent disability and above are eligible for various kinds of loans under the scheme.

Launching the scheme, Additional Chief Secretary SS Chaterjee said, it would provide the much-needed financial assistance to persons with disabilities for their various needs.

Stressing that the loan should be repaid in time, he reminded that it ‘was not a grant’. The ‘timely re-payment’ would help the scheme to reach out to a larger number of people in the state.

For taking up agricultural activities and setting up of small business and industrial units loan amount between Rs 1 lakh to 5 lakh will be available and  loan amount to the limit of Rs 15 lakh will be provided for educational and training purposes.

Earlier, the state Cabinet on August 30 approved to stand guarantee for the scheme. The Cabinet approved an amount of Rs l crore to the Meghalaya Cooperative Apex Bank, as guarantee. MCA bank is the channelising agency for loan disbursement for the scheme.

The state government would sign the Memorandum of Understanding with the MCA bank, ‘soon’ for the scheme’s early implementation.

Source: Scheme for the disabled launched in Meghalaya. Assam Tribune, Daily, Guwahati, 20 November 2006.

Approval of job reservation

Meghalaya has approved implementation of three per cent job reservation for persons with disability. Officer on Special Duty, Health and Family Welfare, PS Dkhar, said in a seminar  that the government notified on October 30 3 per cent job reservation for persons with disabilities. This long pending demand, he said, was ‘not a gift’ to persons with disabilities.  “It is a legitimate right which has been granted to persons with disabilities. ”This job reservation policy would enable in ‘bringing persons with disability at par with every one in the society,’ he added.

 The Persons with Disabilities Act, 1996, section 33, also specifies the above reservation clearly. Meghalaya has also appointed a Commissioner for persons with disabilities, recently, under the PWD Act.

Members of NGOs raised concern about poor facilities available for persons with disabilities in the rural areas of Meghalaya at an inter-active seminar.  The seminar was organized by the State Resource Centre, Shillong Civil Hospital.

Source: 3 per cent job reservation for disabled notified, Assam Tribune, Daily Guwahati 15 November 2006.

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HC ensures clearance of pending proposals

In a reprieve for the physically challenged children in J&K, the high court has asked the stage government ensure the clearance of all pending proposals to alleviate their woes.

The court also directed deputy commissioners to release the pending stipend that wasn’t disbursed within two weeks. Currently, the state provides a monthly stipend of Rs 700 to about 5,000 children who have been affected by militancy under the National Communal Harmony Scheme.

Acting on a PIL filed by Javid Ahmad Tak, Chief Justice B A Khan and Justice Bashir A Kirmani directed the state government to take necessary steps to convene meetings of state-level coordination committees regularly to review the status and implementation polices and programmes for disabled, particularly in the 6-14 age group.

The court also directed the social welfare department to take steps for opening schools for disabled persons in Srinagar and Jammu and in nearby districts. The directive has brought some level of hope to more than one lakh children affected by the continued violence in the state.

There are about 36,714 physically challenged children in the state. Of these, 4,000 have impaired vision and an equal number suffer from hearing disability, according to Suriya Bhat, executive director, Rehabilitation council, Social welfare department.

Source: HC bring hope for disabled J &K children. The Times of India, Daily, New Delhi, 23 November 2006.

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