New Delhi: The home Ministry and health ministry have taken opposite stands in Supreme Court on recruitment of HIV positive persons in Army and paramilitary forces.

Both ministries have filed their affidavit in Supreme Court.

The home ministry said HIV positive persons could not be considered for appointment in Central police forces.

While, the health ministry, said, “It is wrong to deny employment or promotion to anyone just because he is tested positive for HIV. HIV positive persons should be guaranteed equal rights to education and employment like others in society.”

Now, the Supreme Court on Wednesday has taken control over the situation reserving its judgment on whether such discrimination is fair and reasonable.

Solicitor-general Goolam E Vahanvati requested a Bench comprising Justices S H Kapadia and B Sudershan Reddy for deciding the issue on merit.

The Court is also considering the case of an Andhra Pradesh police constable, who denied promotion by the State government on grounds that he was HIV positive.

The home ministry said when the slight deformities like flat footedness or squint were a disqualification for joining Central police forces, it would be absurd to recruit an HIV positive person.

It said, “The HIV/AIDS affected person, whose immunity system is severely compromised, would not be able to withstand the rigors of training and highly strenuous deployment under adverse conditions on the borders or in militancy affected areas. The work of central police forces is such that cuts, bruises, injuries and bleeding wounds are not uncommon.”

It also stated that Jawans lead a community life having common barbers and paramedics and admitting an HIV positive person could be detrimental to the health of the other jawans in the barracks and bunkers.