Terminating Services Of CAPF Personnel On Being Detected HIV Positive 'Discriminatory': Delhi High Court

The Delhi High Court has held that termination of service of Central Armed Police Forces (CAPF) personnel on the ground of them being detected as HIV positive is discriminatory and prohibited under the HIV Act.A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that the authorities are under a legal obligation to provide reasonable accommodation to persons suffering from HIV.“Though we are cognizant of the fact that these medical standards may apply to personnel who have already been confirmed in service, keeping in view the mandate of Section 3 of the HIV Act, the same should equally apply to a person who has been given an Offer of Appointment, however, was detected as being HIV positive during his probation period,” the Court said. “To terminate the service of such a personnel only on the ground of him being detected as HIV positive, would result in discrimination, which is prohibited under Section 3 of the HIV Act,” it added.The Court granted relief to three CAPF personnel who were denied promotion and appointment as they were found to be suffering from HIV and were not placed in SHAPE-I Medical Category. The Court said that although as per an OM issued in 2008, the personnel are required to be in SHAPE-I Medical Category for promotion, the said provision has to be read in consonance with the HIV Act and its objectives.“To give effect to the objectives of the HIV Act and its prohibition against discrimination, Para 4.13 of the OM dated 18.11.2008 has to be read down as far as HIV-positive personnel are concerned, in a narrow sense, and an obligation is cast on the respondents to show that such person, on being granted promotion would not be able to be accommodated in any other work,” the Court said. It added that once the medical condition of the HIV personnel is confined only to his or her placement for the performance of the duty, it should be considered as SHAPE-1 for the purposes of the O.M., and they cannot be denied promotion only because technically they are not in the SHAPE-1 Medical Category because of them suffering from HIV.Holding otherwise will defeat the protection granted under the HIV Act, the Court said. Regarding the petitioners who were denied promotion, the Bench concluded that they would be reconsidered by a Review DPC to be constituted by the authorities within eight weeks and consequential orders be passed i. case they are found fit for promotion. It added that in such a case, the petitioners would also be entitled to the notional seniority and other consequential benefits from the date that they were denied promotion. Regarding the petitioner who was denied appointment, the Court said that his medical condition shall be re-assessed, keeping in view the medical guidelines applicable to HIV-positive personnel and a fresh determination shall be made regarding his retention or removal from service.Title: HOSHIAR SINGH v. UNION OF INDIA & ORS and other connected mattersCitation: 2025 LiveLaw (Del) 386Click here to read order

Terminating Services Of CAPF Personnel On Being Detected HIV Positive 'Discriminatory': Delhi High Court

Nupur Thapliyal

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