The Lucknow bench of Allahabad High Court has held that a person suffering from HIV, who is otherwise fit, cannot be denied employment or promotion. The bench comprising Justice D K Upadhyaya and Justice Om Prakash Shukla passed the order on a plea by a CRPF constable challenging a single-judge bench’s May 24 order, which rejected his appeal against the order issued by the CRPF that denied him promotion on the ground that he was tested HIV positive.
“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,” observed the two-judge bench in its order passed on July 6. The bench also directed the central government as well as the CRPF to consider the constable’s promotion on the post of head constable from the date of his juniors were promoted.