Individuals Diagnosed With AIDS Cannot Be Denied Employment Or Promotions Solely Based On Their HIV-Positive Status - Allahabad HC

The recent decision by a bench of justices at the Allahabad High Court emphasized that individuals diagnosed with AIDS cannot be unjustly denied employment or promotions solely based on their HIV-positive status, as long as they are capable of fulfilling the job requirements. This ruling was made in response to a case involving an employee of the Central Reserve Police Force (CRPF), who argued that his promotion was revoked solely due to his HIV-positive status.

The appellant, who joined the force in 1993 and was diagnosed in 2008, had his name approved for a promotion to the position of Head Constable in 2013, despite being HIV-positive.

However, in 2021, his medical categorization was changed during the annual medical review, resulting in the withdrawal of the decision to approve his promotion. Dissatisfied with this outcome, the CRPF officer challenged the decision before the High Court after a single judge had previously rejected his plea. On appeal, the Division Bench overturned the earlier order. During the proceedings, it was revealed to the Court that the appellant's medical examinations had indicated his physical fitness to carry out his duties despite being HIV-positive. The judges also noted that as employees ascend to higher positions, the physical endurance requirements generally diminish.

The Court further acknowledged the CRPF's awareness and sensitivity toward treating HIV-positive recruits equally. Reference was made to standing orders that explicitly stated that HIV-positive recruits were fit for all duties, preferably in locations where antiretroviral therapy (ART) facilities were available, and except for challenging and solitary areas. The Court also considered the CRPF's proposed action plans to enhance awareness, prevention, detection, treatment, and rehabilitation of HIV-positive recruits.

Consequently, the Court declared that the appellant was entitled to the same promotion benefits as those unaffected by HIV/AIDS and allowed the appeal.