Last week, the Hon’ble Delhi High Court has stayed the BSF Orders which directed HIV positive Jawan to join a Battalion in Assam, at the Indo-Bangladeshi border.
The Hon’ble Court was dealing with a petition filed by a BSF Jawan who was diagnosed with HIV in 2007. On June 9, 2021, the petitioner received Orders in which he was posted to Assam. Owing to his Ailing condition, he opted for voluntary retirement and made an application for the same with effect from September 30, 2021.
However, denying his request the BSF authority directed the petitioner to report at his new place of posting in Assam by July 5, 2021.
The petitioner’s counsel argued that the petitioner belongs to the P-3 Medical category and cannot be posted to such places which have humidity levels of 75 % according to the Ministry of Home Affairs (MHA) guidelines.
The Hon’ble Court expressing anger over the respondent’s move quoted that they must have adopted a compassionate way in dealing with the petitioner given his ailing condition.
The Hon’ble Court further noted that the disease which the petitioner is suffering from gradually deteriorates his health and cannot be posted in such places in such conditions.