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Rajesh Ramar (operator)     17 December 2018

Need help for this

In Kerala PSC EXAMS when the notification is published for the exam they have not mentioned that the post is for PH candidate. and they have published only one vacancy for the post. we have written the exam and attended the interview and the final rank list result has been published totally 10 people have been selected for the post, and now they are saying that the post is for only PH candidates. with in the 10 People there is no PH candidates (Differently abled candidate,low vision,hearing impairment,locomotor disbility/ cerebral palsy Persons).Checked with Kerala PSC they are saying that the post is only for PH. we cant appoint any other person for this vacany In this case to whome the appointment order will be sent. It is a minority submit (Tamil) in kerala and no PH candidate available for this post.

We are aware that % of post should be filled for PH on priority and its a supremen court order.

If there is no PH candidate in the final  rank list why they are keeping this postion as vacant. Also attached the final Rank list for the same 

Any kerela advocate can you please help on this and what to do in this case.



Learning

 5 Replies

shasha jain   17 December 2018

file a writ under 226 in Kerala HC to stuck down their action as arbitrary and unreasonable and unconstitutional

Kumar Doab (FIN)     17 December 2018

Ideally the job advt should clarify the post is reserved for……say; PH candidiate.

After the process of calling for job application/exam/interview ideally the dept/establishment should not resort to saying that is verbal mode…………..BUT should clarify in writing.

Usually the person committing error  plead that error can be committed by anyone and try to escape.

 

Probably you are referring to following judgment by Apex Court:

Supreme Court of India

Union Of India & Anr vs National Federation Of The Blind & ... on 8 October, 2013

Author: ...…………….…………………………

Bench: P Sathasivam, Ranjana Prakash Desai, Ranjan Gogoi

                                                                             REPORTABLE

 

                        IN THE SUPREME COURT OF INDIA

 

                         CIVIL APPELLATE JURISDICTION

 

                                      1

 

 

                       2 CIVIL APPEAL NO.9096  OF 2013

 

 

               3 (Arising out of SLP (Civil) No. 7541 of 2009)

 

Kumar Doab (FIN)     17 December 2018

And you may also go thru;

 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 22813 of 2013 Date of Decision : 11.10.2013 National Federation of the Blind Punjab Branch ....... Petitioner Versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

 

And also go thru state govt notification e.g;

 

GOVT OF PUNJAB
DEPARTMENT OF SOCIAL SECURITY AND WOMEN & CHILD DEVELOPMENT
(DISABILITY BRANCH)

NO.9/23/2015-3-DC/506 Dated 24th June, 2015

OFFICE MEMORANDUM

Subject:- Reservation for the Persons With Disabilities.

3. EXEMPTION FROM RESERVATION

If any Department considers it necessary to exempt any establishment partly or fully from the provision of reservation for persons with disabilities, it may make a reference to the Department of Social Security and Women & Child Development giving full justification for the proposal. The grant of exemption shall be considered by an Inter-Departmental Committee set up by the Department of Social Security and Women & Child Development.

4. IDENTIFICATION OF JOBS / POSTS

The Ministry of Social Justice and Empowerment, Government of India has identified the jobs / posts suitable to be held by persons with disabilities and the physical requirement for all such jobs / posts vide their notification No.16-15/2010-DD-III dated 29.7.2013 (Available on website- www.socialjustice.nic.in). Government of Punjab vide its letter No. 3/39/2014-3Dis.Br./972-980 dated 10.07.2014 has adopted this list. The jobs/ posts given in Annexure-II shall be used to give effect to 3 % reservation to the persons with disabilities. It may, however, be noted that:

 

 

6. APPOINTMENT AGAINST UNRESERVED VACANCIES

In the posts which are identified suitable for persons with disabilities, a person with disability cannot be denied the right to compete for appointment against an unreserved vacancy. Thus a person with disability can be appointed against an unreserved vacancy, provided the post is identified suitable for persons with disability of the relevant category.

7. ADJUSTMENT OF CANDIDATES SELECTED ON THEIR OWN MERIT

Persons with disabilities selected on their own merit without relaxed standards along with other candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with disabilities which will thus comprise physically handicapped candidates who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards. It will apply in case of direct recruitment as well as promotion, wherever reservation for persons with disabilities is admissible.

 

Estbalishment notifications e.g;

Recruitment against Physically Handicapped Quota

 

 

 

[Master Circular No. 13]    [Rly. Bd's letter no. E(NG)II/90/RC-2/14 Dated 23.11.1990]

 

 

The instructions contained in this Ministry's letter No. E(NG)II/97/RC-2/18 Dated 22.07.1997 (RBE 100/97), that the vacancies in the categories identified for employment of the Blind should be filled up by the Blind only, have been reviewed by the Railway Board in consultation with DOP&T. Consequently, it has now been decided that while the reservation of vacancies shall be continued to be made separately for each of the three categories of the Physically Handicapped persons (i.e. 1% for the Visually Handicapped, 1% for Hearing Handicapped and 1% for the Orthopaedically Handicapped), there shall be provision for free inter-se exchange of vacancies if candidates belonging to a particular category are not available or if the nature of vacancies in an office is such that a given category of person cannot be employed.

Kumar Doab (FIN)     17 December 2018

 

Govt notifications e.g;

 

CONSOLIDATED INSTRUCTIONS OF DOP&T ON 3% RESERVATION

No.336035/3/2004-Estt (Res)

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS

DEPARTMENT OF PERSONNEL & TRAINING

***************

New Delhi, Dated the 29th December, 2005

OFFICE MEMORANDUM

Subject: Reservation for the Persons with Disabilities

And you may also search for judgments by Kerala HC..

 

and list down the counsels that have appeared and succeeded in such matters..

Kumar Doab (FIN)     17 December 2018

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

You can search in LCI Databank in SEARCH option on left handside bottom of this webpage.

LCI Experts Mr. P. Venu is from Kerala.

If you wish you may approach him.


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