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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR, JJ
HOSHIAR SINGH – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
1. These petitions have been filed by the respective petitioners, challenging the Impugned Orders by which the petitioners, as far as the W.P.(C) 4736/2023 and W.P.(C) 13547/2023 are concerned, have been denied promotion, while in W.P.(C) 4556/2023, the petitioner‟s appointment has not been confirmed and has been cancelled.
2. Since all the three petitions are based on common submissions by the learned counsels for the parties, and raise similar questions of law, they are being disposed of by way of this common judgment.
3. In W.P.(C) 4556/2023, however, certain additional issues also arise, which shall be dealt with separately in this judgment.
W.P.(C) 4736/2023
4. As far as W.P.(C) 4736/2023 is concerned, the brief background of facts in which the present petition arises is that the petitioner was enrolled in the Border Security Force ("BSF") as a Constable (RO) on 28.08.1989. He underwent Basic Training at STC BSF Jodhpur (Rajasthan) with effect from 03.10.1989 to 23.12.1989, however, he failed to clear the ORL Grade-III Course and was subsequently remustered/appointed in the Communication Setup with effect from 19.10.1990. After passing the ORL Grade-III Course (Serial No
Denial of promotion based on HIV status violates the HIV Act and constitutional rights, necessitating reconsideration of promotion eligibility for affected personnel.
Promotion criteria requiring HIV-positive personnel to meet a Shape-I medical category is discriminatory and violates the HIV/AIDS Act and constitutional rights.
Employees acquiring disability during service are entitled to promotion benefits under the PH quota, irrespective of the timing of their disability acquisition as confirmed by the RPWD Act.
Compliance with MHA guidelines for posting P-3 medical category personnel is essential, and justice must be tempered with mercy and compassion.
The petitioner is entitled to seniority from the date his juniors were promoted, as administrative delays in conducting the Medical Board should not penalize him.
The court emphasized the necessity of adherence to medical guidelines for postings and ruled in favor of compassionate treatment of personnel with serious health conditions.
(1) Total number of vacancies in cadre strength would include vacancies to be filled in by nomination as well as by promotion.(2) Absence of rules to provide for reservation in promotion would not de....
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