SHILLONG: In a landmark judgment, the High Court of Meghalaya has directed Border Security Force ( BSF) not to discriminate against a constable in the matter of promotion on the ground that he is suffering from HIV P-2, which is an early stage of the disease.
Justice S. R. Sen pronounced the verdict on April 15 in a case where a BSF constable who had completed 11 years of service was denied the post of Head Constable (Ministerial) on the ground that he was suffering from HIV P-2 though otherwise he had been found fit for the post.
After applying for the post of Head Constable (Ministerial), the petitioner had cleared the written and typing test and further the medical officer of the recruitment board had declared him fit for the post of Head Constable (Ministerial) and he had been adjusted to 07 Bn. BSF (Talliguri), West Bengal.
Justice Sen observed that it was apparent from the submission of the counsel for the respondent that unless a person reached the stage of HIV P-5 he could not be dismissed from service. “Since in this instant case the petitioner is only at the stage of HIV P-2 but otherwise fit to serve, hence, I do not see any reason that he should be deprived or discriminated only on the ground that he is suffering from HIV P-2.
A person suffering from HIV needed more care and support from the society and he should be treated with compassion and understanding, Justice Sen observed. He directed the respondent to allow the petitioner to join the post of Head Constable (Ministerial). The name of the petitioner should not be disclosed in the judgment and order to avoid further social damage, Justice Sen directed.
The petitioner’s case was that he was recruited in the BSF as a constable in December 2001 and after completing 11 years of service, in response to an advertisement floated by the Union home ministry had applied for the post of Head Constable (Ministerial) as a departmental candidate. Subsequently, he cleared the written and typing tests and the medical officer of the recruitment board declared him fit for the post in November 2011.
In March 2012 the petitioner was adjusted to 07 Bn BSF and after submitting his technical resignation from the post of constable reported in the new post. Surprisingly, the petitioner was not issued with any appointment order not asked to assume charge. After a lapse of seven months, the impugned order of reversion was issued. Being aggrieved and deprived of his fundamental rights, the petitioner filed a writ petition before the court.
