Denial of permanency to HIV-positive worker violates Arts 14 & 16: Bombay HC

Denial of permanency to HIV-positive worker violates Arts 14 & 16: Bombay HC

In Kumar Dashrath Kamble v. Bombay Hospital, the Bombay High Court held that denial of permanency solely on the ground of an employee being HIV-positive is unconstitutional. The Court ruled that such denial is arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution. It emphasized that the petitioner had continued to perform his duties satisfactorily for several years after being diagnosed, proving his fitness for work. Relying on constitutional principles and the spirit of the HIV-AIDS Act, 2017, the Court granted permanency retrospectively but limited monetary arrears due to delay, balancing equity with limitation laws.