HIV Patients Cannot Be Denied Employment or Promotion if Deemed Fit: Allahabad HC

The Allahabad High Court has recently held that a person suffering from HIV cannot be refuse employment or promotion if deemed fit for the post.

“A person’s HIV status cannot be a ground for denial of promotion in employment as it would be discriminatory and would violate the principles laid down in Articles 14 (right to equality), 16 (right to non-discrimination in state employment) and 21 (right to life) of the Constitution of India,” the court remarked.

A division bench of Justice DK Upadhyaya and Justice Om Prakash Shukla made the remarked on a plea filed by a CRPF constable challenging a single judge order on May 24, that dismissed his appeal against the order issued by the CRPF that refused him promotion as he tested positive for HIV.

The division bench directed the Union Government and the CRPF to consider the constable’s promotion to the post of head constable from the date when his juniors were promoted.

The bench further directed that all related benefits, similar to those provided to a non-HIV positive head constable in the CRPF, should be extended to him.

In reaching this decision, the bench took into account a precedent set by the Punjab and Haryana High Court in 2010. This previous judgment had issued a similar order in favor of an ITBP jawan who was also suffering from HIV.

In his appeal, the CRPF constable mentioned that he was appointed as a constable in 1993 and initially served in Kashmir. In 2008, he was diagnosed as HIV positive. Despite being fit for duty, he was promoted in 2013, but his promotion was suddenly reversed in 2014. To this day, almost nine years later, he remains employed as a constable in the CRPF, with his medical condition unchanged.

Taking into account the facts presented in the case, the bench noted that denying employment to a person solely on the grounds of being HIV positive is unjustified when the individual is otherwise fit. The principle also extends to the grant of promotions.