Shillong: The Meghalaya High Court has asked the Union Home Ministry and the BSF to accord same treatment to personnel afflicted with HIV P-2 (earlier stage of the disease) from service.
The ruling, under Article 14 and 16 of the Constitution, came in the wake of a petition by a Manipur-born man serving as constable in the BSF after he could not join the forces higher rank after being tested HIV positive despite clearing all examinations including physical tests.
The respondent is directed to allow the petitioner to join the post of head constable for which he has been selected within a period of one month from the date of receipt of this order, Justice Sudip Ranjan Sen said in an order recently.
He said if the said person is deprived, the right of the petitioner as vested under Article, 14 & 16 of the Constitution of India is infringed and such discrimination is not encourageable at all.
Since in this instant case, the petitioner is only at the stage of HIV P-2 (patient suffering from HIV P-5 are dismissible) but otherwise fit to serve, hence, I do not see any reason that he should be deprived...Only on the ground that he is suffering from HIV P-2, Justice Sen said.
He said, a person suffering from HIV needs more care and support from the society and he be treated with compassion and understanding.The name of the petitioner was not given.
Justice Sen based his ruling on the earlier directive of the Andhra Pradesh High Court in 2006 stating that denial of employment to the petitioner, who had fulfilled the prescribed physical and other standards, only because he tested positive impaired his dignity and constituted unfair discrimination.
