Divyang Legal conducted its first Webinar, based upon the Rights of Persons With Disabilities (“RPWD”) Act, 2016 on the 27thof June, 2020 and expresses their heartfelt gratitude to all for making this webinar a success. This is only one of the many steps towards building the vision on which Divyang Legal was built – EQUALITY.INCLUSIVITY.ACCESSIBILITY.
An insight into the Webinar on Schools and Rights of Students/Employees with Disabilities
WEBINAR – Rights of Students / Employees with Disabilities and Role of Schools
Divyang LegaL, a division of RSB LegaL, a full service law firm, specialises in addressing issues relating to DIVYANGJANS ! in achieving their holistic inclusion. In pursuit of its objectives, Divyang LegaL is organizing a webinar on “Schools and Rights of Students / Employees with Disabilities on 27.06.2020 at 4.30 PM”
RESERVATION IN PROMOTION IN ALL GOVERNMENT JOBS
The Supreme Court, recently in the case of Siddaraju vs. State of Karnataka, decided on 14.01.2020 held that persons with disabilities are entitled for reservation in promotion in all government jobs irrespective of whether they are appointed through direct recruitment or promotion.
RESERVATION OF SEATS, ACCESSIBILITY AND PEDAGOGY TO BE PROVIDED BY EDUCATIONAL INSTITUTES
The Supreme Court in the case of Disabled Right Group vs. Union of India, decided on 15.12.2017, directed all Government institutions of higher education and other higher education institutions receiving aid from the Government (“institutions”) to strictly reserve 5% seats for disabled students every year.
ACCESSIBILITY OF PUBLIC PLACES TO BE MADE IN TIME BOUND MANNER
The Supreme Court, in the case of Rajive Raturi vs. Union of India decided on 15.12.2017, passed in all 11 directions for making various public places accessible in a time bound manner.
SPICE JET TO PAY RS.10,00,000 AS DAMAGES TO ORTHOPEDICALLY HANDICAPPED WOMAN.
The Supreme court, in the case of Jeeja Ghosh and anr.vs. Union of India and ors. decided on 12.05.2016 directed Spice Jet to pay Rs.10,00,000 as damages to Jeeja Ghosh, a person with Cerebral Palsy for deboarding her only due to her disability
TRANSPORT ALLOWANCE GRANTED TO DEAF AND DUMB PERSONS ON PAR WITH BLIND AND ORTHOPEDICALLY HANDICAPPED
The Supreme Court in the case of Deaf Employees Welfare Association vs. Union of India decided on 10.12.2013 directed the Union of India to grant transport allowance to deaf and dumb persons
IDENTIFICATION OF POSTS NOT A PREREQUISITE FOR PROVIDING RESERVATIONS IN GOVERNMENT JOBS
The Court opined that though it is true that no appointments from the reserved categories can be made unless posts are identified by appropriate government yet reservation to disabled is available in spite of posts not being identified by the government.
ORTHOPEDICALLY DISABLED TEACHER TRANSFERRED TO A SCHOOL CLOSER TO HER RESIDENCE.
This order was based on a previous order passed by the Court of Commissioner (For Persons with Disabilities), Gujarat State on 02.11.2019 directing the DPEO of Ahmedabad to consider Ms. Ratilal’s request for a transfer of work place closer to her home.
COMPULSORY TRAINING PROGRAMMES AND WORKSHOPS TO BE CONDUCTED FOR MAHARASHTRA STATE OFFICIALS
The Bombay High Court directed the Chief Secretary, Government of Maharashtra to ensure that training programmes and workshops are organised throughout the State to make officials of the State aware of The RPWD Act.
IIT- DELHI TO RE-ADMIT PHYSICALLY DISABLED STUDENT WITH EXTRA COACHING
The high court of Delhi, in the case of Manif Alam vs. Indian Institute of Technology, Delhi (IIT-Delhi) and Ors, decided on 16.02.2018, directed IIT-Delhi to immediately re-admit Mr. Manif Alam and also provide him extra coaching, if the need be.
VISUALLY IMPAIRED STUDENT TO APPEAR FOR POST OF JUDICIAL MAGISTRATE WITH SCRIBE AND EXTRA TIME
The High Court of Madhya Pradesh (MP), in the case of Rashmi Thakur vs. High Court of MP and ors decided on 03.05.2018, directed that the High Court of MP conduct a special written examination for the post of Judicial Magistrate
ACQUIRING DISABILITY DURING SERVICE NO GROUND FOR TERMINATION BY GOVERNMENT EMPLOYER
In this case the court has made an interpretation of section 47 of PWD Act which provides job security in government jobs to employee who acquires disability during service.