The Supreme Court of India ruled that while employees do not have an automatic right to promotion, they must be considered for it if eligible and not disqualified. This decision arose from a case involving a police constable who had been unfairly denied promotion due to a previously overturned punishment.
New Delhi: The Delhi High Court has ruled that government authorities must provide “reasonable accommodation” in employment to people suffering from HIV. The court rejected the decision to deny promotion and appointment to three paramilitary personnel who tested positive for the virus. A bench led by Justice Navin Chawla, along with Justice Shalinder Kaur, ruled in favor of the petitioners. The court said that the HIV Act protects HIV-positive individuals from discrimination in employment. Authorities can refuse reasonable accommodation only if they can “certify” that doing so would cause administrative or financial hardship.