Supreme Court of India
The Supreme Court on Monday refused to hear the plea seeking grant of benefit of reservation in government jobs to persons suffering from thalassemia, sickle cell and hemophilia diseases.
The top court on August 3 last year had sought the response of the Centre on the PIL filed by Reepak Kansal for grant of benefit of reservation in government jobs to persons suffering from thalassemia, sickle cell and hemophilia diseases.
"Having heard the petitioner in person and upon perusing the relevant material on record, we are not inclined to entertain this writ petition. The same is accordingly dismissed," the bench headed by Chief Justice Ranjan Gogoi said.
"However, it will be open for the petitioner to represent his case and the cases of others like him before the competent authority, if so advised," the bench, comprising Justices Ashok Bhushan and S K Kaul, said.
The plea had said that the Union government was "unjustified" in not giving quota benefit in employment to persons suffering from these diseases as they squarely fell in the category of differently-abled persons under the law.
"Issue direction in the nature of mandamus to the respondents central/state governments to give benefit of reservation in employment to disables of thalassemia, sickle cell and hemophilia falling in the category of disables with bench mark disabilities and bring them in the ambit of section 34 of the Rights of Persons with Disabilities Act, 2016," the plea had said.
Haemophilia is an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor wound may result in fatal bleeding.
Thalassemia is a genetic blood disorder. People with Thalassemia disease are not able to make enough hemoglobin, which causes severe anemia.
Sickle cell disease is a hemolytic disorder characterised by chronic anaemia, and various complications due to associated tissue and organ damage.
Hemolytic refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin.
The plea had alleged flagrant violations of rights of disabled falling in the category of thalassemia, sickle cell and hemophilia by not providing reservation to them in employment under the Rights of Persons with Disabilities Act, 2016.
