High court support Yasmeen Mansuree acid attack victims case in AIIMS nurse post as PWD quota

by Abbas Adil

The Delhi High Court has stayed the recruitment of Nursing Officers in All India Institute of Medical Sciences (AIIMS) due to alleged discrimination against acid attack victims.

AIIMS had advertised 2000 posts of Nursing Officers in September this year for recruitment in Bhopal, Jodhpur, Patna and Raipur centres of AIIMS. Only one leg disability candidates were declared eligible in this recruitment under the PWD (Persons with Disability) quota.

Yasmeen Mansuree, a professional nurse who is also a victim of acid attack, had challanged this recruitment as it did not give reservation benefit to acid attack victims.

A single judge bench of Justice Suresh Kait while staying the recruitment process wrote in the order — “Till further order, the respondents (AIIMS) shall not give effect to the advertisement dated 27th September, 2018. ”

A writ petition filed through advocate Gyanant Singh said that the Rights of Persons with Disabilities Act 2016 has included acid attack as a benchmark disability in all govt services. However, no institution, including AIIMS, is giving reservation benefit to acid attack victims because the Social Justice and Empowerment Ministry under Central govt has not yet issued a notification to this affect.

Infact, the petitioner Yasmeen Mansuree — who is working as Nursing Officer in Delhi govt’s Janakpuri Superspeciality Hospital, had challanged a similar recruitment process of AIIMS earlier in June. The Delhi High Court had then asked the Centre to issue notification by October 31, 2018. However, Centre has not yet issued the notification due to which acid attack victims are unable to get reservation benefit. The last notification for giving quota benefit to disabled people was issued in 2013 under the old law which has lapsed after the enactment of new law in 2016.

MR Shamshad, who argued the case of the acid attack victim petitioner, said – “AIIMS is an autonomous institution and it need not wait for the Centre’s notification. The 2016 Act categorically says that acid attack victims are eligible to get 4 percent reservation under the benchmark disability quota. AIIMS should implement the Act in letter and spirit.”

The court has now fixed the next hearing for January 8, 2019 and asked both Centre and AIIMS to reply on the issues raised by the petitioner. The high court wants to know why the notification has not been issued by the Centre despite a deadline of October 31 given in an earlier order.

Yasmeen Mansuree, who got the Best Employee award for disabled people by the President of India last year, says that she has sent numerous letters to the Ministry of Social Justice and Empowerment and also filed a complaint with the Chief Commissioner of Disability but is yet to get any response from them.

Mansuree said – “I have full faith in judiciary. But sometimes it becomes very depressing to fight for something which should have happened without any glitch. The govt passed the law in 2016 and got lot of praise for reaching out to the acid attack victims. But that law is just meaningless until and unless it is implemented.”

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