'Can't deny jobs citing HIV status'

CHENNAI: Appointments cannot be denied on the ground that the candidates suffered from HIV/AIDS, the Madras High Court has ruled.

Justice K Chandru gave the ruling while directing the TN State Express Transport Corporation to appoint two persons, who were afflicted with HIV/AIDS, as drivers in its Virudhunagar unit, within eight weeks.

The judge was allowing two writ petitions praying for a direction to the Transport Secretary to appoint them as drivers.

The judge pointed out to the National Policy on HIV/AIDS, which prescribed nondiscrimination and no screening for purpose of employment and to maintain confidentiality. If it was seen in the light of the policy, then the action of the Corporation in driving the petitioners to test for HIV itself was repugnant to the policy. Their attempt to deny them employment after having found them HIV positive and holding them unfit for employment was not only unwarranted but also contrary to the dictum laid down by various courts and the policy evolved by the Central government.

The SC had also, after referring to various international decisions, held that persons afflicted with AIDS had a right to avocation and that government jobs and services could not be denied to them. "Hence, this court has no hesitation to allow both the writ petitions," the judge said and directed the corporation to provide employment to the petitioners within eight weeks.