“This case highlights clear instances of discrimination in the Central Reserve Police Force for the incumbents who are suffering from the disease known as HIV-AIDS,” the HC said in its order
Ahmedabad: The Central Reserve Police Force (CRPF) denying a female staffer promotion to a higher post because she was infected with HIV-AIDS was a clear instance of discrimination, the Gujarat High Court noted on Wednesday.
A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi made the observation while hearing a plea filed by the woman staffer of the CRPF who said she was being denied promotion despite meeting other eligibility criteria because she was suffering from HIV-AIDS.
The court directed that the matter be brought to the notice of in-charge Additional Solicitor General of India and sought the law officer’s appearance before it on the next date of hearing on March 6.
The counsel appearing for the respondents — the Union of India, CRPF and Commandant, CRPF — contended that a standing order was passed pursuant to the rule which stipulates that a candidate has to be in “shape one” for the purpose of promotion.
“This case highlights clear instances of discrimination in the Central Reserve Police Force for the incumbents who are suffering from the disease known as HIV-AIDS,” the HC said in its order.
The counsel for the petitioner contended the woman has been denied promotion to higher posts consistently despite being fit for elevation on all other aspects of eligibility except the fact that she is suffering from the infectious disease which is progressing.
The petitioner challenged the validity of the Standing Order Number 4/2008 as well as Rule 5 of the CRPF Assistant Commandant (Ministerial), Recruitment Rules 2011, on the ground the same is contradictory to the provisions of HIV and AIDS (Prevention and Control) Act, 2017 and the National HIV Counselling and Testing Guidelines 2024.
They were also violative of Articles 14, 16 and 21 of the Constitution as the petitioner was being denied promotion to a higher ministerial post only on the basis of a decision of the medical board dated February 3, 2024, reporting the petitioner was suffering from higher grade of the disease, the court noted in its order.
Articles 14, 16 and 21 deal with equality, equal opportunity in government employment to all citizens and prohibition of discrimination based on certain grounds like religion, race, caste, and right to life and personal liberty, respectively.
“The promotion, if any, made on the post in question, shall be subject to the final decision of the present petition,” the bench maintained.