Can't deny promotion on HIV status: Allahabad HC

In a significant verdict, the Lucknow bench of the Allahabad High Court has ruled that an HIV positive person, if otherwise fit to perform his/her duty, cannot be denied promotion.

“A person’s HIV status cannot be a ground for denial of promotion 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),” observed a bench of Justices D.K. Upadhyaya and Om Prakash Shukla, setting aside a May 24 order of a single-judge bench, which rejected a CRPF constable’s plea challenging the denial of promotion.

The high court directed the Central government and the CRPF to consider the constable’s promotion to the post of head constable from the same date when his juniors were promoted.

The bench further said that the appellant was entitled to all consequential benefits that were extended to those who were not HIV positive.

While passing the order, the bench considered the “persuasive effect” of a judgment rendered by the Punjab and Haryana high court, which had ruled in favour of an HIV-positive person in 2010.

In his appeal, the CRPF constable stated that he was appointed as constable in 1993 and was initially posted in Kashmir.

In 2008, he was tested HIV-positive, but was fit to perform his duty and was promoted in 2013.

However, his promotion was reversed in 2014 and till date, he continued to be a constable even as his medical condition remained unchanged.