HC reinstates HIV-positive SI

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HC reinstates HIV-positive SI

[Friday, December 23, 2005 01:34:39 amTIMES NEWS NETWORK ]

HYDERABAD: A division bench of the Andhra Pradesh High Court

comprising Justice J Chalameswar and Justice Ramesh Ranganathan on

Thursday directed the police department to reinstate an HIV-positive

trainee cadet sub-inspector.

The court also quashed Rule 17(3) of the Andhra Pradesh Police

Manual which debars HIV-positive persons from joining the police

department.

The court declared the rule as ultra vires and violative of

fundamental rights guaranteed by the Constitution .

The court was dealing with a writ petition, questioning the decision

of the State Level Police Recruitment Board (SLPRB) in disqualifying

an HIV-positive person from joining government service.

Terming the order as inhuman and without justification, the court

directed that the petitioner be employed if he satisfies other

critical criteria.

The petitioner, whose name is being withheld to protect his

identity, had earlier moved the AP Administrative Tribunal

contending that he was selected as a cadet sub-inspector on stipend

from the Warangal zone, but was denied the post on the ground that

he had tested HIV-positive.

http://timesofindia.indiatimes.com/articleshow/1343089.cms

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Centre for Advocacy & Research (CFAR) - Hyderabad

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