• Government job reservation for sickle cell disease

Sir,
According to the Rights of Persons with Disabilities Bill - 2016 ,21 new disabilities have been added to the list.One among them is sickle cell disease(a blood disorder).After the new bill,all other disabilities have been included in disability quota and have been given reservation in education and govertment jobs.But sickle cell disease and thalassemia(blood disorders) have been excluded from disability quota in government jobs.
I am 27 yr old woman and preparing for government jobs.Though I am suffering from a sickle cell disease,I have to compete in general category in spite of being suffering from this decapacitating disease.
Recently I came across a news in which a student suffering from Thalassemia has been offered a medical seat based upon "The Rights of Persons with Disability Bill-2016" when she filed a petition in supreme court and a seat was given to her considering Thalassemia to be a benchmark disability.
Yet the rules are not clear regarding Sickle cell disease and Thalassemia when reservation in govt jobs are considered.
Sir,I request you to guide me if I can take any legal help ang get justice and reservations in jobs under disabilty act.
Asked 4 years ago in Constitutional Law

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7 Answers

Hello,

You will also have to approach the SC or the HC and seek direction for your disease to be considered for reservation in the job you are applying for.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The sickle cell disease has been notified as benchmark disability.

Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.

Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.

If you are affected by a wrong decision of an authority and denied you the privilege available to this benchmark disability, you may approach high court with a writ petition seeking the relief and justice.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

First of all the The rights of Person with disability act 2016 is act now it's not a bill so this is law and binding further sickle cell is a specified disability as specified under schedule of the act.

Further the bench mark disability as defined “person with benchmark disability” means a person with not less than forty

per cent. of a specified disability where specified disability has not been defined in

measurable terms and includes a person with disability where specified disability has

been defined in measurable terms, as certified by the certifying authority;

So in your case it is a bench mark disability wherein under the act you get benefit of reservation see get the certificate of bench mark disability from the certifying authority and apply for the post under same if there is any issue or any problem file a writ petition before jurisdictional high court and seek direction against the authority if in certification there is problem or against department if in recruitment.

You have this as your right as this is statute and you shall get benefit of same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can file writ petition in HC to direct govt to provide reservation for those suffering from sickle cell disease in disability quota

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Sir

It is sufficient if you file Writ Petition in HC

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Your case is quite simple and solved, write an application to the dept, sitting there failure to include Thalassemia in the benchmark disability, attach judgment of supreme court via registered mail or whatever mode, CC to disability board. Still not done, File writ in High Court on the basis of judgement refer below - confirm

SC Directs Chattisgarh Govt To Consider A Candidate Suffering From Thalassemia For A Medical Seat Under Disability Quota...

Read more at: http://www.livelaw.in/sc-directs-chattisgarh-govt-consider-candidate-suffering-thalassemia-medical-seat-disability-quota/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the said disability is included in the same you can take the benefit of the said bill.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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