AIBE III 2012 Question 81

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Question 81 of 100 AIBE III 2012 Set Common

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?

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. Official answer
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.