Delhi HC issues notice in petition challenging AIIMS reservation policy for disabled persons

The Delhi High Court today issued notice in a petition challenging All India Institute of Medical Science’s (AIIMS) reservation policy for disabled persons..The petitioner, who was the victim of an acid attack in 2004, has challenged an AIIMS notice advertising for the post of Nursing Officer (Group B) as being unconstitutional and in violation of the Rights of Persons with Disabilities Act, 2016..It is claimed that the advertisement in question states that thirty-two posts would be reserved for persons with disabilities. However, on applying online, the petitioner found that there was only provision for persons with ‘one-leg disability’ to avail of this reservation. This effectively meant that persons with other disabilities could not apply for the post..The fact that she is unable to apply for the post, the petitioner contends, is a violation of Section 33 of the Act, which imposes a duty on the government to identify posts to be reserved for persons with disabilities..Further, as per Section 34, one per cent of such posts are to be mandatorily reserved for persons with benchmark disability. As per the 2016 Act, victims of acid attack are specifically mentioned as being eligible for reservation under this head..Therefore, the petitioner has prayed that the advertisement in question be quashed and declared violative of Articles 14, 19(1)(g) and 21 of the Constitution. It has also been prayed that the Court direct the Central government to ensure that persons with benchmark disability, specifically acid attack victims, are not discriminated against in public appointments..The petition filed by advocate Govind Jee was heard today by the single judge bench of Justice PS Teji. The Court issued notice in the matter and permitted the petitioner to apply under the general category. In the event that the petition succeeds, her candidature will be considered under the physically handicapped category..The matter will be heard next on September 13..Read the petition: