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    Fighting discrimination and denial of equal opportunity: XYZ vs State of Rajasthan and Others

    Date : 16/07/2010

    This case concerned recruitment for the post of GIPA Coordinator by the Respondents. An advertisement was issued for this role, notifying that preference would be given to applicants living with HIV. Despite the status of the Petitioner, the recruitment process of the Respondents did not give said preference. In the order dated 30 June 2008, the learned judge issued notices and a copy of the order dated 30 June 2008 to the Respondents, returnable within 4 weeks.

    The identity of the Petitioner has been concealed in this summary and in the attached order to protect their right to confidentiality with regard to their HIV status.

    This civil writ petition concerned discrimination and denial of equal opportunity to a HIV positive person. It was issued under Article 226 of the Constitution of India: Power of High Courts to issue certain writs, which states that (notwithstanding anything in Article 32 relating to the authority of the Supreme Court): “& every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs& for the enforcement of any of the rights conferred by Part III and for any other purpose”.

    Part III of the Constitution of India is concerned with Fundamental Rights.

    The civil writ petition also referred to Articles 19 and 21 of the Constitution of India, relating to Protection of certain rights regarding freedom of speech, etc. and Protection of life and personal liberty, respectively.

    The case concerned recruitment for the post of GIPA Coordinator by the Respondents. An advertisement was issued for this role, notifying that preference would be given to applicants living with HIV. Despite the status of the Petitioner, the recruitment process of the Respondents did not give said preference.

    In the order dated 30 June 2008, the learned judge issued notices and a copy of the order dated 30 June 2008 to the Respondents, returnable within 4 weeks.

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