An HIV-positive job seeker, who lost a lawsuit against a local education department in Anhui Province for denying him a teaching job because of his health status, told the Global Times he is confident about winning his appeal.

Primary school students in Nanyang, Henan Province, agree to help fight against the spread of AIDS during a meeting Saturday with five orphans whose parents died from the disease.

The job seeker, identified as Xiao Wu, will make his appeal Monday.

"I cannot imagine losing this case again. To be frank, I don't want to think about it. From a legal perspective, I believe I have a big chance of winning," the 22-year-old told the Global Times.

Xiao Wu earlier filed a lawsuit against the education and labor departments in Anqing, Anhui Province, which denied him a teaching job at a high school after he tested positive for HIV.

Xiao and his lawyer argued that the departments violated a 2008 employment law that makes it illegal to discriminate against applicants with an infectious disease, such as AIDS.

However, a court in the province ruled in favor of the departments on November 12. The verdict said applicants for teaching jobs should meet both the mental and physical requirements under the Teachers' Law. One of the qualifications specified by the Ministry of Education said applicants for teaching positions should not carry infectious diseases.

Xiao Wu said his personal life did not change much after his case was publicized. Instead, he received encouragement and support from other people, including some HIV carriers.

Li Fangping, Xiao Wu's attorney, told the Global Times that they would keep petitioning the higher court and other authorities to amend the law in Anhui if they lost the appeal.

"The court wrongly applied the laws and regulations, and the verdict of the first trial has misinterpreted related laws, which is very controversial," he said. "We will try our best to raise concern for Xiao Wu."

Another HIV carrier, identified as Xiao Jun, also filed a lawsuit against a local education department in Sichuan Province on the same grounds last month.

Yu Fangqiang, a coordinator from the non-governmental Beijing Yirenping Center, which has been helping Xiao Jun, told the Global Times that the court has still not fixed a date for trial.

China was estimated to have about 740,000 HIV carriers and about 100,000 AIDS patients in 2009, the Xinhua News Agency reported.

Yu said the case of Xiao Wu has drawn a great deal of attention around China.

"We hope he can win this case. But regardless of whether he wins or loses, it will give encouragement to people involved in similar cases," he said.

Yu said they would ask the Legislative Affairs Office of the State Council to review criteria for recruiting civil servants if Xiao Wu loses the appeal.

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