MR. ABC vs BORDER SECURITY FORCE & ORS.

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3616/2021 MR. ABC .....Petitioner Through: Mr. Anuj Aggarwal, Ms. Divya Aggarwal, Mr. Pradeep Kumar, Ms. Anjali Bansal, Mr. Lovekesh Chauhan, Ms. Kritika Matta, Ms. Shreya Gupta, Mr. Manas Verma, Mr. Nikhil Pawar, Mr. Shubham Bahl and Ms. Bhumica, Advs. versus BORDER SECURITY FORCE & ORS. .....Respondents Through: Mr. Virender Pratap Singh Charak, Ms. Shubhra Parashar and Mr. Pushpender Pratap Singh, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 16.12.2025 C. HARI SHANKAR, J. 1. The petitioner is a HIV1-positive appointee to the post of Constable (GD) in the Border Security Force2. He was appointed to the said post on 17 April 2017. 2. On 6 July 2017, it was found that the petitioner had contracted HIV and was undergoing Antiretroviral Therapy3 and also had abdominal Kochs. The petitioner underwent ART and Ant- 1 Human Immunodeficiency Virus 2 “BSF”, hereinafter 3 “ART”, hereinafter Signature Not Verified Signed By:PREETI W.P.(C) 3616/2021 Signing Date:18.12.2025 Page 1 of 7 11:17:14 Tuberculosis Treatment4 from 28 July 2017 to 31 January 2018 and was thereafter discharged from the hospital. 3. The petitioner was re-examined by a Medical Board on 15 November 2018. Consequent thereto, a show cause notice dated 30 December 2018 was issued to the petitioner. The show cause notice noted the fact that the petitioner was suffering from immune compromised status and was on ART and, therefore, opined that he was permanently unfit for recruitment to the BSF, as he had been placed in medical category S1H1A1P2(T-24+24)E1. The show cause notice, therefore, proposed to retire the petitioner from service and called upon him to show cause thereagainst. 4. The petitioner r