Summary: In an important decision on December 16, 2025, the Delhi High Court decided that an HIV-positive Border Security Force (BSF) constable should get his job back after being previously let go because he was considered medically unfit. The decision, made by Judges C. Hari Shankar and Om Prakash Shukla, highlighted the rights of people with disabilities and those living with HIV.
The person involved, Mr. ABC, was hired as a Constable (GD) in the BSF on April 17, 2017. However, on July 6, 2017, during his training, he found out he had HIV and started treatment for it, along with treatment for another illness. He finished his treatment by January 31, 2018.
On November 15, 2018, a group of doctors checked Mr. ABC again. Later, on December 30, 2018, he was given a notice saying he was permanently unfit to be in the BSF because of his health condition. Despite his response, he was let go on April 9, 2019, and his appeal was turned down on October 9, 2020.
Mr. ABC went to the Delhi High Court to fight his dismissal and get his job back. His lawyer, Mr. Anuj Aggarwal, argued that his dismissal went against laws meant to protect people with HIV and disabilities.
Quote from the Judgment: "The termination of the petitioner, on the ground that he was unfit to hold the post in the BSF, is in the teeth of Section 3(a) of the HIV Act."
Judges C. Hari Shankar and Om Prakash Shukla agreed with Mr. ABC's arguments. The court noted that the BSF did not follow the rule that says you can't fire someone without a proper assessment showing they are a significant risk. The court also recognized the law that protects people with disabilities from being treated unfairly at work.
The court canceled the decisions from April 9, 2019, and October 9, 2020, and gave Mr. ABC his job back. It told the BSF to make reasonable adjustments for him, possibly giving him a different role if necessary. Although Mr. ABC would not receive back pay, he would keep his service record and other benefits.
The court decided that Mr. ABC should get his job back and that the BSF should accommodate his health condition, ensuring he is not unfairly treated because of his medical status.
