Re: [AI] Blind person denied job in railways because of diabetesDear Rama, my 
arguments coincides with your, if diabetics can be rejected for recruitment, 
then employees with the same disease should be thrownout of service. But let 
along that, government pays for treatment of such diseases even such aren't 
curable.
  ----- Original Message ----- 
  From: Rama Chari 
  To: [email protected] 
  Sent: Sunday, February 26, 2012 11:28 AM
  Subject: Re: [AI] Blind person denied job in railways because of diabetes


  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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