Student’s handicap under scanner
Pandit Deendayal Petroleum University’s Deep Aghera’s disability is being probed after he was accused of availing himself the PH category without qualifying for the same. Authorities say if charge is proved, his admission will be cancelled
Yogesh Avasthi
Posted On Tuesday, October 04, 2011 (http://www.ahmedabadmirror.com/article/3/20111004201110040325465844f59640c/Student%E2%80%99s-handicap-under-scanner.html)
A student of Pandit Deendayal Petroleum University (PDPU) is under investigation for an alleged malpractice for admission under the physically handicapped (PH) category. The details of this particular case have come to the fore through a series of RTI applications filed by Ajay Mishra.
Deep Bharat Aghera, a student of BTech (petroleum engineering), received admission in 2009 against seat reserved for the handicapped. To be eligible for admission in PH category, the applicant had to be medically certified as above 40 per cent handicapped. However, the medical report issued by Civil Hospital states that he comes under the mild category of PH — 25 per cent physical handicap.
The higher education department has ordered Admissions Committee for Professional Courses (ACPC) to begin investigations in this regard.
RTI responses
In response to an RTI application questioning the admission criteria, ACPC Member Secretary M N Patel said, “We have been given the documents to investigate and verify the details in this case. According to the rules, an admission in this category can be given only to candidates who are 40 per cent or more handicapped. If it is proved that this case does not meet the required rules, then admission can be cancelled.”
Mishra filed separate RTI applications in every educational institution that Deep had gone to. He had studied in C N Vidyalaya from class 8 to 12. He had written his board exams of class 10 and 12 in the general category. However, in the AIEEE form, he had registered under the PH category.
On behalf of AIEEE, Preetam Singh in reply to the RTI plea said, “In the form both the mother and father declare that if the details of the form are wrong then the admission can be cancelled. No documents are handed in while filling the form. Universities and colleges have the responsibility of checking the validity of the documents.”
However, the university stated in its reply, “He is studying in the third semester in our university. We gave him admission in 2009-2010 in the handicapped quota. He has submitted all the necessary medical documents so he was given admission.”
Their side of the story
Deep’s father Bharat Aghera said, “ He was a studious boy in school so he didn’t need to avail himself the PH quota. However, for AIEEE we applied through the handicapped quota and the same was considered during admission to PDPU. All originals were checked before Deep was given the admission. I was unaware of the 40 per cent rule.”
When asked about the case, Deep told Mirror, “I have had problem in my leg since childhood. I have had an operation three times in the past. I used to get 92 per cent in 10th and 12th standard. I have not given any wrong certificates to the university.”
During investigation, an ACPC source said, “Based on Deep’s AIEEE rank he would not have got admission to PDPU. But it seems as no other handicapped student was enrolled at that time, he was given admission. The 40 per cent rule was not followed.”
HC issues notice to centre over PIL filed by BPA
The Gujarat High Court Monday issued a notice to the centre in a public interest litigation filed by Blind People’s Association (BPA) Ahmedabad. A divison bench of acting Chief Justice AL Dave and Justice JB Pardiwala issued notice to Ministry of Human Resource Development and Ministry of Social Justice and Empowerment in the PIL wherein it has been alleged that three per cent reservation ratio in favour of disabled is not being maintained by the state government while recruiting candidates for post of teachers under the ‘Vidyasahayak’ scheme. The next hearing of the case has been scheduled on October 10.
Kishore Paul, advocate for the petitioner argued, “In a recruitment process, where 13000 candidates were supposed to be appointed, state government has put only 366 seats for disabled candidates, but as per the law of 3% reservation it must be 390 seats.” There is a norm to provide three per cent reservation under ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
However, government pleader P K Jani argued that the state government has maintained three per cent reservation, but as far as teachers are concerned, they are appointed as Vidyasahayks who are supposed to teach as class teacher, they are not appointed as a craft teacher or music teacher. The teacher has to see whether the students are attending the classes or not. A person with blindness would not be able to monitor the attendance and this would prove counter-productive for the students. He further said, “A person with disability of 75 per cent or 85 per cent can be considered.”
Yogesh Avasthi
Posted On Tuesday, October 04, 2011 (http://www.ahmedabadmirror.com/article/3/20111004201110040325465844f59640c/Student%E2%80%99s-handicap-under-scanner.html)
A student of Pandit Deendayal Petroleum University (PDPU) is under investigation for an alleged malpractice for admission under the physically handicapped (PH) category. The details of this particular case have come to the fore through a series of RTI applications filed by Ajay Mishra.
Deep Bharat Aghera, a student of BTech (petroleum engineering), received admission in 2009 against seat reserved for the handicapped. To be eligible for admission in PH category, the applicant had to be medically certified as above 40 per cent handicapped. However, the medical report issued by Civil Hospital states that he comes under the mild category of PH — 25 per cent physical handicap.
The higher education department has ordered Admissions Committee for Professional Courses (ACPC) to begin investigations in this regard.
RTI responses
In response to an RTI application questioning the admission criteria, ACPC Member Secretary M N Patel said, “We have been given the documents to investigate and verify the details in this case. According to the rules, an admission in this category can be given only to candidates who are 40 per cent or more handicapped. If it is proved that this case does not meet the required rules, then admission can be cancelled.”
Mishra filed separate RTI applications in every educational institution that Deep had gone to. He had studied in C N Vidyalaya from class 8 to 12. He had written his board exams of class 10 and 12 in the general category. However, in the AIEEE form, he had registered under the PH category.
On behalf of AIEEE, Preetam Singh in reply to the RTI plea said, “In the form both the mother and father declare that if the details of the form are wrong then the admission can be cancelled. No documents are handed in while filling the form. Universities and colleges have the responsibility of checking the validity of the documents.”
However, the university stated in its reply, “He is studying in the third semester in our university. We gave him admission in 2009-2010 in the handicapped quota. He has submitted all the necessary medical documents so he was given admission.”
Their side of the story
Deep’s father Bharat Aghera said, “ He was a studious boy in school so he didn’t need to avail himself the PH quota. However, for AIEEE we applied through the handicapped quota and the same was considered during admission to PDPU. All originals were checked before Deep was given the admission. I was unaware of the 40 per cent rule.”
When asked about the case, Deep told Mirror, “I have had problem in my leg since childhood. I have had an operation three times in the past. I used to get 92 per cent in 10th and 12th standard. I have not given any wrong certificates to the university.”
During investigation, an ACPC source said, “Based on Deep’s AIEEE rank he would not have got admission to PDPU. But it seems as no other handicapped student was enrolled at that time, he was given admission. The 40 per cent rule was not followed.”
HC issues notice to centre over PIL filed by BPA
The Gujarat High Court Monday issued a notice to the centre in a public interest litigation filed by Blind People’s Association (BPA) Ahmedabad. A divison bench of acting Chief Justice AL Dave and Justice JB Pardiwala issued notice to Ministry of Human Resource Development and Ministry of Social Justice and Empowerment in the PIL wherein it has been alleged that three per cent reservation ratio in favour of disabled is not being maintained by the state government while recruiting candidates for post of teachers under the ‘Vidyasahayak’ scheme. The next hearing of the case has been scheduled on October 10.
Kishore Paul, advocate for the petitioner argued, “In a recruitment process, where 13000 candidates were supposed to be appointed, state government has put only 366 seats for disabled candidates, but as per the law of 3% reservation it must be 390 seats.” There is a norm to provide three per cent reservation under ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
However, government pleader P K Jani argued that the state government has maintained three per cent reservation, but as far as teachers are concerned, they are appointed as Vidyasahayks who are supposed to teach as class teacher, they are not appointed as a craft teacher or music teacher. The teacher has to see whether the students are attending the classes or not. A person with blindness would not be able to monitor the attendance and this would prove counter-productive for the students. He further said, “A person with disability of 75 per cent or 85 per cent can be considered.”
