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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Isabella C.L. – Appellant
Versus
Union Of India – Respondent
MRS. SUNITA AGARWAL, CJ.
1. By means of the present petition, the petitioner, who is an employee of the Central Reserve Police Force (CRPF), is raising a serious issue of blatant discrimination being carried out and unfair treatment being accorded to HIV/AIDS +ve persons in promotion and denial of promotion to the petitioner on Ministerial promotional posts, taking aid of the clauses 4.13 to 4.17 of the Standing Order No. 4/2008 as also Rule 5 of the Central Reserve Police Force, Assistant Commandant (Ministerial), Recruitment Rules, 2011, on the ground of falling in low medical category, i.e. not being in Shape-I.
2. The petitioner demonstrated discriminatory treatment accorded to her in the matter of promotion to the post of Inspector (Ministerial) from the year 2016 and further in rejection of her candidature for promotion to the post of Assistant Commandant (Ministerial) against the vacancy of the year 2024-25, in the promotion exercise which commenced vide communication dated 09.09.2024.
3. The validity of Rule 5 of the Central Reserve Police Force, Assistant Commandant (Ministerial), Recruitment Rules, 2011 (in short as the "Recruitment Rules' 2011") and the discriminatory claus
Promotion criteria requiring HIV-positive personnel to meet a Shape-I medical category is discriminatory and violates the HIV/AIDS Act and constitutional rights.
Denial of promotion based on HIV status violates the HIV Act and constitutional rights, necessitating reconsideration of promotion eligibility for affected personnel.
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.
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.
The court established that additional minor disabilities should not disqualify candidates with 40% or more disability in one leg from public employment, reinforcing the principles of equality and non....
The court affirmed that promotion must consider merit as the primary criterion, and procedural flaws in disciplinary inquiries can invalidate corresponding punishment orders.
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