Delhi High Court issues notice to Centre, AIIMS on petition by acid attack victim seeking right to employment

The Delhi High Court has issued notice to the Central government and the All India Institute of Medical Science (AIIMS) on a petition filed by an acid attack victim for the right to employment. The matter was heard by Justice P S Teji, who during the course of the hearing, observed that in case the petitioner succeeds in the case, her candidature will be considered under the physically handicapped (PH) category. The court has fixed September 13, 2018 as the day of final hearing.   

The petitioner has challenged the eligibility conditions of the advertisement no. 01/2018 for the post of Nursing Officer (Group B) dated June 13, 2018 issued by AIIMS as being violative of Articles 14, 19(1)(g) and 21 of the Constitution of India.

Brief background of the Petitioner

The petitioner is an acid attack victim surviving with 57% disability as certified by Ram Manohar Lohia Hospital, New Delhi. She suffered the acid attack on April 7, 2004. However, she completed her higher education and successfully got a Diploma in General Nursing and Midwifery from Rufaida College of Nursing, Jamia Hamdard University in December 2014.

She subsequently worked as a staff nurse in the Hamdard Institute of Medical Science and Research and associated HAH Centenary Hospital. She also worked at the Janakpuri Super Speciality Hospital, New Delhi from Octobber 4, 2016 and is currently also working there.

Acid attack not included in disability category reserved seats at AIIMS

The Petitioner, though having adequate qualifications as required by the advertisement no. 01/2018 dated June 13, 2018 was unable to apply for the post of a Nursing Officer (Group B) at the All India Institute of Medical Sciences, the Respondent. Though the said advertisement mentioned that the "New PH category will be considered as per Guidelines received from the Ministry of Social Justice and Family Welfare under the Right of Persons with Disabilities Act, 2016", the same was not available to the Petitioner when she tried to apply for the said post through the online mode.

Though the said advertisement mentioned that the "New PH category will be considered as per Guidelines received from the Ministry of Social Justice and Family Welfare under the Right of Persons with Disabilities Act, 2016", the same was not available to the Petitioner when she tried to apply for the said post through the online mode.

The only option which was reflected for persons with benchmark disability, is one leg category of disability, while other forms of disabilities have either been left out or not included in the category of disability by the Respondents for the post of Nursing Officer (Group B). Despite the fact that the advertisement specifically mentioned that the 32 reserved seats were included the "new PH category", the same option was not available while applying online for the said post.

Section 33 of the Rights of Persons with Disabilities Act, 2016 states that the Government may consider identifying posts in the establishments which could be held by respective category of persons with benchmark disabilities. In the present case, however, there is no material on record to suggest that the post of Nursing Officer (Group B) is identified and found suitable for OL (one leg) disabled candidates. There isn't any rationale either in reserving the entire post for such disabled candidates.

What the Petitioner claimed

Acid attack has been regarded as a specified disability under the Disabilities Act, 2016 and acid attack is defined as "a person disfigured due to violent assaults by throwing of acid or similar corrosive substance."

Such disparity in the claim of the advertisement and the subsequent online portal for application has been contended to be violative of the fundamental rights enshrined under Article 14, 19(1)(g) and 21 of the Constitution and also has been regarded as a breach of Section 33 and 34 of the Rights of Persons with Disabilities Act, 2016.

The petitioner has prayed for:

• Declaring the eligibility conditions of the advertisement no. 01/2018 unreasonable and arbitrary and hence violative of Article 14, 19(1)(g) and 21 of the Constitution since it is not in tune with Sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016.
• Quashing the decision of the respondents in identifying the post of Nursing Officer (B) in terms of the advertisement no. 01/2018 suitable for one leg disability only.
• Directing the respondents that persons with benchmark disability, particularly acid attack are not discriminated in public appointments and reservations to such posts in consonance with the provisions of the Rights of Persons with Disabilities Act, 2016.
  

[This article has been written with inputs from Sejal Sethi.]