In a groundbreaking judgment that affirms the rights of HIV-positive employees in India's uniformed forces, the Gujarat High Court has declared Rule 5 of the CRPF Assistant Commandant (Ministerial) Recruitment Rules, 2011 and Clause 4.13 of Standing Order No. 04/2008 as unconstitutional and ultra vires to Articles 14, 16, and 21 of the Constitution of India.
&ldquo;Clause 4.13 of the Standing Order No. 04/2008 and Rule 5 of the CRPF Assistant Commandant (Ministerial) Recruitment Rules, 2011, are hereby declared ultra vires (beyond one's legal power or authority) to Articles 14, 16 (equality in employment) and 21 (right to life) and being in contravention of the HIV/AIDS (Prevention &amp; Control) Act, 2017, insofar as the matter of employment (appointment and promotion) of the HIV/AIDS +ve persons are concerned in the CRPF,&rdquo; the Court ruled.
The Division Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray further directed that Clauses 4.15 to 4.17 of the Standing Order must also be amended without delay to eliminate any direct or indirect discrimination that denies HIV+ individuals access to benefits, opportunities, or advantages in service.&nbsp;
The judgment comes in response to a petition filed by Isabella C.L., a long-serving HIV-positive employee of the Central Reserve Police Force (CRPF), who was repeatedly denied promotions to higher ministerial posts despite being medically stable and fit for desk-based duties.
Isabella C.L. joined CRPF in 1991 and served with distinction. Although diagnosed HIV-positive, her CD4 count (an indicator of immune function) remained above 200, indicating stable health. From 2017 to 2022, she was classified in Shape-I (P1) medical category, the highest level of fitness in CRPF standards. Yet, she was denied promotion to the posts of Inspector (Ministerial) and Assistant Commandant (Ministerial) under Rule 5 and Standing Order 04/2008, which required Shape-I as a mandatory eligibility criterion for promotion regardless of whether the role was combative or ministerial.
The petitioner argued that this blanket policy violated her rights under:
<ul>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
Article 14: Right to Equality
</li>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
Article 16: Equality of opportunity in public employment
</li>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
Article 21: Right to Life and Dignity
</li>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
Section 3 of the HIV/AIDS (Prevention &amp; Control) Act, 2017
</li>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
The Rights of Persons with Disabilities Act, 2016
</li>
</ul>
<h3 dir="ltr">Court's Observations and Directions</h3>
The High Court found that the CRPF&rsquo;s rules treat HIV-positive personnel as permanently unfit without individualised assessment, even when they are perfectly capable of discharging their duties in non-combat, ministerial roles.
The Court held that this approach was not only unscientific and outdated, but also blatantly discriminatory, stating:
"Such discrimination is to be completely ruled out from the provisions of the Recruitment Rules 2011 as well as the Standing Order 04/2008 by bringing suitable amendments as early as possible."
Further, the Court directed that:
<ol>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
The CRPF must revise Isabella&rsquo;s pay and re-fix her pay scale from the date she was first entitled to promotion.
</li>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
All arrears and consequential benefits must be paid to her within two months from the date the judgment is filed.
</li>
<li dir="ltr" style="font-family: georgia, palatino, serif; font-size: 12pt;" aria-level="1">
If the authorities fail to act, the petitioner is free to approach the Court again for redress.
</li>
</ol>
In a rare move, the Court also ensured institutional accountability by ordering:
"The compliance of this order to bring the amendments&hellip; shall be reported to this Court through the Registrar General of the High Court. The compliance report shall be submitted on the administrative side to the High Court by the Registrar General, as soon as the same is received."
<h3 dir="ltr">Why This Judgment Matters</h3>
This ruling is a milestone in Indian service jurisprudence and a victory for human rights and medical dignity. It asserts that public health status, especially one well-managed and non-communicable like HIV, cannot be a basis for employment discrimination, especially in roles where physical fitness does not compromise operational needs.
It also sets a legal precedent urging all uniformed forces to update archaic rules and align with modern medical science and human rights obligations, particularly under the HIV/AIDS Act, 2017.
The Gujarat High Court&rsquo;s decision in Isabella C.L. vs Union of India &amp; Ors. (Advocate Swapneshwar Goutam for the Petitioner&nbsp; Isabella C.L. and&nbsp; Advocate Nandesh Deshpande, Deputy Solicitor General, assisted by Advocate Harsheel Shukla for the Respondents.) not only ensures justice for one dedicated officer but also opens the door for systemic reform in the CRPF and similar forces. It is a reminder that inclusion, fairness, and merit, not stigma, must shape the future of public service.

Gujarat HC Strikes Down CRPF HIV+ Promotion Rule

Court Calls Rule 5 and Standing Order 04/2008 Unconstitutional, Orders Pay Revision

Gujarat HC Strikes Down CRPF HIV+ Promotion Rule

Court Calls Rule 5 and Standing Order 04/2008 Unconstitutional, Orders Pay Revision

August 5, 2025 | 23:30 IST