Can't deny job to HIV-positive: HC

January 5, 2011

A Subramani, TNN, Jan 5, 2011,

CHENNAI: Can a public authority deny employment to a candidate who is

HIV-positive? 'No' is the emphatic answer of the Madras HC.

Justice K Chandru, flaying two state transport corporation (STC) managements for

their " pedestrian understanding of AIDS and HIV " leading to denial of employment

to two driver-aspirants who tested positive during the medical test, said: " The

action of the state-owned transport corporations in driving the candidates to

test for HIV itself was totally repugnant to the national policy. Their further

attempt to deny employment to them is again not only unwarranted but also

contrary to the dictum laid down by various courts and the policy of the Union

of India. "

The matter relates to two candidates — identified merely as 'Mr X' and 'Mr Y' —

who were sponsored by the employment exchange for driver posts. While Mr Y had

passed plus two, Mr X had served in the Army for eight years.

In October 2009 and November 2009, they were considered for appointment and sent

to panel doctors for the medical fitness certificate. After their blood samples

tested HIV positive, the doctors said they were 'unfit' for appointment as

drivers.

Interestingly, the blood test was not conducted in any specialized laboratory;

neither was it done with the consent of the candidates. Also, no prior

information or pre-test and post-test counselling was provided by the

laboratory. Without heeding to requests, the doctors forwarded the 'report' to

the transport corporations with findings that they were unfit for employment.

Justice Chandru, expressing shock at the " layman apprehension " of the

authorities, dubbed the incident unfortunate. He said the issue had already been

answered by court decisions all over the world, including the SC.

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