Thought there are no laws in the country regarding non discrimination/ 
reasonable accommodation  on ground of disabling medical condition, however, 
there was one case recently about a person with thalassameia who was denied 
entry into Civil Services. The Prime Minster intervened and his case was 
resolved.  Similarly, there was a case related to a person with kidney problem 
and I think High Court intervened.  I think it may be a good idea to test it in 
the Court giving these precedents.  

Does Govt dismiss employees who have diabetes? then why are they not recruiting 
them? 

Moreover, if the person can do the essential functions of the job with / 
without accommodations, refusing recruitment is discrimination. 

Rama  



________________________________
 From: Vamshi. G <[email protected]>
To: [email protected] 
Sent: Sunday, 26 February 2012 12:44 AM
Subject: [AI]  Blind person denied job in railways because of diabetes
 
Hi,

I thought  you could have gained some attention by putting more
appropriate subject line which  explicitly states the story.  hence I
have changed the subject line.

First, this disqualification is not on the ground of disability, but
on the ground of a disease (diabetes).  So, I doubt whether PWD Act
applies to this case.
We should find out whether government can disqualify on the ground of
such diseases .

Second, I heard of some case where a person with HIV positive has been
disqualified and the court gave the ruling against such denial.  So,
if HIV positive can't be denied a job, sure a person with diabetes
shouldn't be.  however I'm not sure of any concrete legal remedy.

You may hear more from legal experts.


-- 
G. Vamshi
PH Res : +91 877-2243861
Mobile: +91 9949349497
E-mail ID:
[email protected]
Skype: gvamshi81

www.retinaindia.org
>From darkness unto light









On 2/18/12, P. Subramani <[email protected]> wrote:
> A blin man has been disqualified due to diabetes while undergoing medical
> examinations in the recruitment process for group 'D posts in Southwestern
> Railways. I seek the guidance of knowledgeables in this regard. From
> whatever I foundout, there are no such rules of disqualification. The person
> is 40 years.Further needful actions/suggestions are invited from all. This
> is very urgent. P. Subramani d
>
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