HIV positive jawan goes to court against dismissal

In his petition, admitted by a division bench — comprising Justice J. L. Gupta and Justice N.C. Khichi — Rao has alleged that the Army authorities’ move violates the Army Act and is against the norms of social and natural justice.

However, senior officers from the Army’s legal wing say that Army Rule 13 gives sweeping powers to authorities to terminate the services of any personnel, other than an officer, in the larger interest of the force or if the situation so warrants.

Rao, enrolled in the Army in December 1988, was diagnosed as suffering from an STD in 1993 and then tested HIV positive in 1996. He was admitted to the Command Hospital, Chandimandir. On March 3, 1997, a medical board put him in the “B permanent category.” Subsequently, he joined regular service and performed his normal duties. He was to be medically examined again after six months.

According to the petition, Rao was served two letters dated October 4, 1997, and October 19, 1997, stating that he would be discharged from the Army due to his “low medical category.” He was also served a notice dated October 28 by the Commanding Officer to show cause why his services should not be terminated.

The petitioner has also alleged that the medical board did not recommend his discharge. As per Army Rule 13, discharge in such cases is to be carried out only on the board’s recommendation.

Rao has argued that neither does his medical condition affect the performance of his normal duties nor have the doctors recommended any alternative appointment. Personnel placed in “B-Permanent medical category” are retained in service.