X, was denied a job in a government department on account of being HIV positive, despite possessing the necessary qualifications for the post. X filed a petition challenging the denial of the job. The petitioner argued that the said denial was arbitrary, unreasonable, and infringes X's right under Articles 14 and 21 of the Constitution of India. In light of these facts, which of the following statements is the most accurate application of the principle below?

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81.

X, was denied a job in a government department on account of being HIV positive, despite possessing the necessary qualifications for the post. X filed a petition challenging the denial of the job. The petitioner argued that the said denial was arbitrary, unreasonable, and infringes X's right under Articles 14 and 21 of the Constitution of India. In light of these facts, which of the following statements is the most accurate application of the principle below?

Principle :

The right to life guaranteed by Article 21 of the Constitution of India includes the right to livelihood. The right is born out of the right to life, as no person can live without means of living. No person shall be deprived of his right to livelihood except according to procedure established by law. Such procedure should be just, fair, and reasonable.

A: X's petition will fail because X's HIV positive status would be a threat to public health.

B: X's petition will succeed because X has the necessary qualifications.

C: X's petition will fail because X's right to livelihood is not an absolute right.

D: X's petition will succeed because no person can be deprived of the right to livelihood merely on the grounds of being HIV positive.X's petition will succeed because no person can be deprived of the right to livelihood merely on the grounds of being HIV positive.

E: X's petition will fail because X was denied a job according to procedure established by law, and this is an exception to the right to livelihood.

The answer is: D

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Explanation

The correct option is D: X's petition will succeed because no person can be deprived of the right to livelihood merely on the grounds of being HIV positive.

The explanation is as follows:

Option A is incorrect because X's HIV positive status does not necessarily mean that X is a threat to public health. There is no evidence that X's job would involve any risk of transmitting the virus to others. Moreover, this argument is discriminatory and violates X's right to equality under Article 14 of the Constitution of India.

Option B is incorrect because X's necessary qualifications are not sufficient to guarantee X's right to livelihood. The principle states that no person shall be deprived of his right to livelihood except according to procedure established by law. Such procedure should be just, fair, and reasonable. Therefore, X's petition will succeed only if X can show that the denial of the job was arbitrary, unreasonable, and infringed X's right under Articles 14 and 21 of the Constitution of India.

Option C is incorrect because X's right to livelihood is not an absolute right does not mean that X can be deprived of it without any valid reason. The principle states that no person shall be deprived of his right to livelihood except according to procedure established by law. Such procedure should be just, fair, and reasonable. Therefore, X's petition will fail only if the government can show that the denial of the job was based on a valid law and a rational criterion.

Option D is correct because it follows from the principle that the right to life guaranteed by Article 21 of the Constitution of India includes the right to livelihood. The right is born out of the right to life, as no person can live without means of living. No person shall be deprived of his right to livelihood except according to procedure established by law. Such procedure should be just, fair, and reasonable. Therefore, X's petition will succeed if X can show that the denial of the job was arbitrary, unreasonable, and infringed X's right under Articles 14 and 21 of the Constitution of India. Being HIV positive is not a valid ground for denying a person's right to livelihood, as it does not affect their ability or suitability for the job.

Option E is incorrect because X was denied a job according to procedure established by law does not mean that X's right to livelihood was not violated. The principle states that no person shall be deprived of his right to livelihood except according to procedure established by law. Such procedure should be just, fair, and reasonable. Therefore, X's petition will fail only if the government can show that the denial of the job was based on a valid law and a rational criterion. Being HIV positive is not a valid law or a rational criterion for denying a person's right to livelihood, as it does not affect their ability or suitability for the job.