Gujarat HC Questions CRPF on Denying Promotion to HIV-Positive Woman
Last Updated on February 12, 2025 by Athi Venkatesh
Court Calls Out Discrimination in CRPF Promotion Rules
The Gujarat High Court questioned the CRPF for denying a woman’s promotion due to her HIV status. The court emphasized that health issues should not prevent promotions in ministerial roles.
A division bench, led by Chief Justice Sunita Agarwal and Justice Pranav Trivedi, noted that the CRPF’s rules contradict the HIV and AIDS (Prevention and Control) Act, 2017 and violate Articles 14, 16, and 21 of the Constitution. The court found the Standing Order 4/2008 and CRPF Assistant Commandant (Ministerial) Recruitment Rules, 2011 discriminatory.
The petitioner met all eligibility criteria but was denied promotion solely due to her HIV-positive status. Her counsel argued that the rules unfairly prevent her from advancing.
The court questioned the logic behind this rule, especially since the job is ministerial, not field-based. The bench asked the CRPF’s counsel why health grading should restrict promotions when other illnesses like heart disease or diabetes do not.
The CRPF argued that promotions require candidates to be in “Shape One” medically. The court rejected this, stating that unless an employee is incapacitated, health should not be a barrier. The bench stressed that previous practices cannot justify continued discrimination.
The court demanded a response from the Centre and directed the Additional Solicitor General to appear in the next hearing. It also ruled that any promotions made during the case would be subject to the final judgment.
The court made it clear: “This is a constitutional issue. We will not allow much time for a response. Prepare, and we will decide it.”
