In the Instant Case of X vs. Union Of India & Ors. a member of the Central Reserve Police Force said that the sole reason his promotion had been revoked was because he is HIV positive. The CRPF officer who filed the appeal had joined the organisation in 1993, and his HIV status was discovered in 2008. Despite being HIV-positive, his name was approved in 2013 for a promotion to the position of Head Constable. His medical classification was altered during an annual medical assessment, and the decision to allow his name for promotion was ultimately revoked in 2021. The High Court heard a challenge to this Letter.
Analysis of Court order
Allahabad High Court The single judge court’s decision was overturned by a divisional bench comprising Justices Devendra Kumar Upadhyaya and Om Prakash Shukla, who also emphasised that if a person with AIDS is otherwise qualified for the job, they cannot be refused employment or advancement based simply on their HIV status. A further claim made by the bench was that people with HIV or AIDS have a right to receive equal treatment everywhere and cannot be refused work opportunities or subjected to employment discrimination because of their condition Granting Relief to the petitioner.
The court was informed that the appellant’s medical exams showed that, notwithstanding his HIV condition, he was physically able to perform his responsibilities. The judges also noted that it is well known that the need for physical stamina often declines when an individual holds more senior positions. In that regard, it might be reasonably inferred that the appellant a CRPF officer, who is now serving and has been determined to be physically capable of executing the responsibilities of a Constable, can always be determined to be physically capable of doing the duties of a Head Constable. It further noted that the CRPF was aware and sensitive to the fact that recruits who tested positive for HIV should not be treated differently.
The Court cited standing directives that specified that HIV-positive recruits would be qualified for all responsibilities wherever they were assigned, ideally in areas with access to ART services and any place other than isolated and tough terrain. Action plans put out by the CRPF to encourage education, prevention, identification, treatment, and rehabilitation of HIV-positive recruits were also utilised. In the end, the Court approved the appeal and ruled that the appellant was entitled to all promotion incentives available to people who are HIV positive.
CASE NAME – – X vs. Union Of India & Ors. SPECIAL APPEAL DEFECTIVE No. 430 of 2023