ISABELLA C.L. Vs. UNION OF INDIA

JUDGEMENT

(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 dtd. 9/9/2024.

(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 clauses of the Standing Order No. 4/2008, is subject matter of challenge to the extent of requirement of being in Shape-I category for HIV/AIDS +ve persons for promotion to ministerial posts. The prayer is to declare these provisions ultra vires being inconsistent with the provisions of Sec. 3 of the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Prevention and Control) Act, 2017 (in short as the "HIV/AIDS (Prevention & Control) Act' 2017") and also Ss. 3, 4 and 20 of the Rights of Persons with Disabilities Act, 2016, inasmuch as, the CRPF Rules and the Standing Order deny fair opportunity of being considered for promotion to the HIV/AIDS +ve incumbents in service and, thus, cause unfair treatment at the workplace.