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 revealed in the pathological report. The Eye Specialist certified that from the ophthalmic point of view, the petitioner is fit to do any work. The Doctor who examined the petitioner for lungs certified that no significant abnormality is detected in the examination of the petitioner. Although, the petitioner was not appointed in a regular vacancy, he was included in the select list of persons to be appointed on a regular basis. It is the case of the petitioner that during 1991 to 1993, persons above as well as below the petitioner in the selection list were appointed in regular vacancies. On 1-9-1993, the petitioner was asked again to go for a medical test. Dr. Bhide certified after test for Australia Antigen that HBs Ag was absent. Dr. Bhide further certified that test for H.I.V. (1 2) antibodies, revealed that H.I.V. (1 2) antibodies were present. In respect of other tests like lung function, eyes, etc., the petitioner was found to be normal. The petitioner was also examined in the J.J. Hospital, Mumbai. The report of ELISA test showed H.I.V. (1 2) positive for antibodies. The certificate of Dr. Alka Deshpande of J.J. Hospital states that the patient is fit for duty. However, she advised follow-up once a year. The certificate further mentions that the disease is a prolonged one. The patient after acquiring the infection can remain a symptomatic for a long time extending upto one to twelve years and the patient (petitioner) is presently a symptomatic. The Doctor further mentioned that as per the Government's policy, an employee cannot be discontinued because of his seropositivity. Dr. Gokhale, the panel Doctor of the respondent-Corporation, relying on the report of the J.J. Hospital stated that the petitioner was examined at the J.J. Hospital. His H.I.V.-1 and H.I.V.-2 tests are positive for antibodies. As per the remarks of Professor of Medicine, Grant Medical College (Dr. Alka Deshpande), he is physically fit for duty and was advised repetition of blood test every year.

3.It appears that as the petitioner tested positive for H.I.V. (1 2), the Senior Manager (Lube Compex), Trombay Unit of the respondent-Corporation, by notice dated 16-2-1994 deleted the name of the petitioner from selection panel of casual labourers with immediate effect. The petitioner wrote letters to the respondent-Corporation stating that otherwise he is fit for performance of his job, viz., loading drums on the truck and that it will take 8 to 10 years before he develops AIDS and he should be continued to be employed at least as a casual labourer. The petitioner submitted in that correspondence that he is the only earning member of the family and if he is not offered work, the whole family will find it difficult to survive. The petitioner also wrote to the Addl. Director o