Gujarat HC Warns Centre Over HIV-positive CRPF woman’s Promotion

AHMEDABAD : The Gujarat High Court has strongly rebuked the Union Home Ministry for allegedly failing to implement its earlier order granting promotion and consequential financial benefits to an HIV-positive woman serving in the CRPF, warning that continued non-compliance could trigger contempt proceedings against the Union Home Secretary.

The court had earlier found that the employee was denied promotion to Assistant Commandant (Ministerial) after a medical board did not consider her fit under the prescribed ‘Shape-1’ category because she was HIV positive. Her juniors, meanwhile, had been promoted in 2016.

The employee, represented by advocate Swapneshwar Gautam, challenged the 2011 promotion rules before the High Court. The court had subsequently directed the authorities to extend the promotional and financial benefits to her retrospectively.

However, the Centre later indicated that the promotion could be granted only from 2019, citing her latest medical report and a Medical Board meeting held on August 25. The court rejected the contention, observing that the employee was entitled to the benefit from 2016, when her juniors were promoted.

The High Court questioned the rationale of applying medical classifications to a ministerial or desk-based position where the employee was not required to perform combat or field duties.

The bench also questioned the broader implications of such a policy, asking what logic could justify excluding employees with conditions such as heart disease or diabetes from promotional opportunities.

The court made it clear that an administrative office memorandum cannot override constitutional protections or statutory safeguards.

It also highlighted the HIV and AIDS (Prevention and Control) Act, 2017, and constitutional guarantees under Articles 14, 16 and 21, emphasising equality, non-discrimination and the right to life and dignity.

The court stressed that HIV status cannot by itself become a barrier to promotion during service, particularly where the employee is performing a non-combat role.

The Union Home Ministry has now been given a final three-week deadline to implement the court’s directions, including the appropriate retrospective benefits.

The court warned that failure to comply within the stipulated period could result in contempt of court proceedings against the Union Home Secretary, sending a strong message against discriminatory employment practices.