Gujarat HC Slams CRPF for Denying Promotion to HIV-AIDS Affected Staffer, Calls It Discriminatory

Gujarat HC Slams CRPF for Denying Promotion to HIV-AIDS Affected Staffer, Calls It Discriminatory

The Gujarat High Court observed that the Central Reserve Police Force's (CRPF) denying a female staffer a promotion due to her HIV/AIDS status amounted to discrimination. 

A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi made this remark while hearing a plea filed by the CRPF staffer, who alleged that despite meeting all other eligibility criteria, she was being denied promotion solely because of her medical condition. 

The court directed that the matter be brought to the attention of the in-charge Additional Solicitor General of India and asked the law officer to appear before it at the next hearing on March 6. 

The counsel representing the Union of India, CRPF, and Commandant, CRPF, argued that a standing order required candidates to be in "shape one" for promotion, as per the relevant rule. However, the court stated in its order that this case exemplifies clear discrimination against personnel suffering from HIV/AIDS. 

The petitioner’s counsel contended that the woman had been repeatedly denied promotion despite being otherwise eligible, with her medical condition being the sole reason for rejection. The petitioner challenged the validity of Standing Order Number 4/2008 and Rule 5 of the CRPF Assistant Commandant (Ministerial) Recruitment Rules, 2011, arguing that they contradict the provisions of the HIV and AIDS (Prevention and Control) Act, 2017, as well as the National HIV Counselling and Testing Guidelines 2024.  

Additionally, the petitioner asserted that these rules violated Articles 14, 16, and 21 of the Constitution, as she was denied promotion based on a medical board’s decision dated February 3, 2024, which cited a higher grade of the disease.

The court noted that these constitutional provisions guarantee equality, equal opportunities in public employment, and protection from discrimination based on specific grounds, including the right to life and personal liberty.  

The bench further stated that any promotions made for the contested post would be subject to the final outcome of the present petition.

Share this News

Website designed, developed and maintained by webexy