The Kerala High Court recently held that denial of public employment to a person who is afflicted with Hepatitis B is illegal, unfair, unjustifiable and is violative of the Right to Equality under Article 14 of the Constitution of India.
The Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar passed the judgment while hearing the appeal preferred by an individual denied the post of Assistant General at Fertilizers and Chemicals Travancore Limited (FACT), on finding him medically unfit.
The appellant had secured Rank 2 for the post following a selection process. Subsequently, a medical examination was conducted and the appellant was found unfit by the medical officer. He then moved a writ petition challenging the rejection of his candidature. A judgment was passed directing the FACT to constitute a Medical Board as per Clause 11 of the FACT Pre-Employment Medical Examination Procedure and to examine the appellant. It was also mentioned that the appellant should be granted employment if the Board finds him medically fit.
Thereafter, a Medical Board comprising of 3 persons was constituted and the Board, after examining the appellant/petitioner, passed Exhibit R1(b) report. As per the report, the Board opined that he was afflicted with Chronic Hepatitis B infection, which is communicable through blood and bodily fluids.
Again, the appellant preferred yet another writ petition on being dissatisfied with the report of the Board. The matter was disposed of by setting aside the report and directing a further medical examination by a Medical Board constituted preferably by a Government Hospital or a Government Medical College. It was also stated that a person cannot be denied public employment solely because he was suffering from Hepatitis B. The newly constituted Board of 2 members passed Ext. R1(c) report, finding him medically unfit. But, it was also stated that he would be able to join work but has to practice universal precautions at work.
The impugned judgment was passed by the Single Judge in this case, finding that the Court cannot exercise jurisdiction under Article 226 and substitute the opinion of the expert committee that found him medically unfit.
The Division Bench looked in detail into the medical reports produced and Ext. P23 judgment. Noting that there was nothing in the medical report that shows the appellant did not have the capacity to take up the job, the Court held that FACT did not properly appreciate the said report when it issued rejection letter to the appellant.
The Court set aside the impugned judgment and observed:
“Denial of public employment to a candidate/aspirant solely on the ground that the person was inflicted with hepatitis B virus or such infection is violative of Article 14 of the Constitution of India.”
The respondent was also directed to issue appointment letter to the appellant/petitioner expeditiously, within one month.
Case No: WA No. 406 of 2025
Case Title: X v. FACT and others
Citation: 2025 LiveLaw (Ker) 298
Counsel for the Appellant: Arun Chandran, Amrita Arun, Aswathy S. Menon, Harimohan
Counsel for Respondents: Jai Mohan, T.C. Krishna, DSGI In-Charge.
