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Tuesday 26 February 2013

Bombay High Court Directions for welfare of Visually Imapired Job Seekers !

Bombay high court has directed the state government to reply justifying its decision to abolish the post of music teachers in schools for the blind.

Considering the plight of blind students who are being denied training in music, the court has directed the authorities to allow institutions imparting education to the blind students to engage one music teacher from March 1, 2013.

A division bench of Chief Justice Mohit Shah and Justice Anoop Mohta on February 22, 2013 heard a public interest litigation by NGO Umed Pariwar about insensitive approach of the authorities in not sanctioning posts of teachers and non-teaching staff in the institutions for children with special needs.

The petition said earlier one music teacher was allowed for 50 blind students as per a September 11, 1973 government resolution. Subsequently, the ratio was modified to one music teacher for 15 blind students as per 1985 Code for Students with Disabilities. Thereafter, the amended Code of 1990 provided for the ratio of one music teacher for 50 blind students. Again the amended Code of 1997 provided for only one music teacher for all the blind students in a school. Finally by an August 18, 2004 GR , the government abolished the post of music teacher. This resulted in the government not sanctioning any grant for salary of a music teacher in a school with blind students, the PIL said.

The petitioner's advocate argued that learning music is absolutely necessary for the blind students and depriving them of training in music not only retards their progress but also takes away employment potential from them.

Additional government pleader submitted that teachers who were rendered surplus on account of the August 18, 2004 GR are being treated as surplus teachers and they are being paid their salaries. The judges observed said that, however, does not answer the grievance in the PIL about blind students being denied training in music.

The judges also noted that petitions were filed in 2007 challenging the August 18, 2004 GR and the court had disposed them of on June 6, 2008 with direction to the State government to take a decision. The judges were informed that while no decision was taken for long time, on October 25, 2012 a decision was taken that teachers rendered surplus on account of the August 18, 2004 GR will be absorbed in other schools. As indicated earlier this decision does not solve the problem of blind students, who are being denied training in music,'' the judges noted.

The judges have directed status quo in respect of teaching and non-teaching posts institutions for children with special needs as per a November 30, 2010 order. The next hearing is on February 28, 2013.

Source : TOI , Mumbai ( 25th Feb 2013 ) 

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