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2008 Supreme(Del) 566

T.S.THAKUR, VEENA BIRBAL
HARPAL SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. Manmohan Singh, Advocate
Mr. Gaurav Duggal, Advocate for UOI. Ms. Zubeda Begam, Advocate for Respondent No. 4/GNCT. Mr. Amiet Andlay, Advocate for R-2.

Veena Birbal, J.

1. This petition filed in public interest seeks writ of mandamus for directing the respondents to make a reasonable policy so as to provide treatment, financial assistance, occupation, home care etc. to poor cancer patients. The petitioner has further sought direction to the Union of India to introduce amendment to definition of “disability” in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 hereinafter referred to as “the Act” so as to include a person suffering from cancer within that definition. Lastly, the petitioner has sought allotment of a kiosk/stall by DDA in his favour.

2. The petitioner avers that he is a patient of ‘left parietal astrocytoma’, a form of brain cancer which was detected in 1993. He was operated upon but due to his inability to perform his duties and strenuous tasks properly; his services were terminated in 1995 and he has been redendered jobless since then. He further states that his wife and children had also abandoned him and he is surviving on charity ever since his services were terminated.

3. The petitioner made representations dated 13.10.99 and 14.1.20
































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