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1997 Supreme(Bom) 166

V.P.TIPNIS, D.K.TRIVEDI
MX of Bombay – Appellant
Versus
ZY and another – Respondent


JUDGMENT

V.P. TIPNIS, J. :---Is it permissible for the State, under our Constitution, to condemn a person infected with H.I.V. to virtual economic death before he must eventually meet his death due to the ailment is the question before us. The question is of great contemporary significance and importance.

2.The petitioner was working as a casual labourer with respondent No. 1 - Corporation, through a contractor in the year 1982. In 1984, the petitioner was interviewed for a vacancy against a regular post by the respondent-Corporation. However, the petitioner was not selected. In the year 1986, the petitioner was interviewed again by the Corporation and, thereafter, was employed as a casual labourer from 1986 till about 1994. The petitioner was required to sign a register/muster and was issued a muster card. In the year 1990, the petitioner was directed to go for a medical examination. The petitioner submitted himself to medical examination conducted by one Dr. V.S. Kulkarni who is a panel Doctor for the respondent-Corporation said Dr. Kulkarni referred the petitioner to various other specialists like Pathologist, Eye Specialist and also for lung test. There was nothing adverse revea































































































































































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