In a significant judgment upholding constitutional protections, the Kerala High Court has ruled that denying employment solely on the basis of Hepatitis B infection is a clear violation of Article 14 of the Constitution, which guarantees the right to equality.
The verdict came in an appeal filed by a job aspirant who was denied appointment to the post of Assistant General at Fertilisers and Chemicals Travancore Limited (FACT) despite securing second rank in the recruitment list. His disqualification followed a pre-employment medical test that flagged him as Hepatitis B positive.
A Division Bench comprising Justices Amit Rawal and KV Jayakumar firmly held that such denial of employment is “illegal, unfair, and unjustifiable.”
“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 Court declared.
The Court also criticized FACT for rejecting the candidate even after a second medical board — constituted at the General Hospital, Ernakulam — confirmed he was fit to work, provided standard safety protocols were followed. “We are unable to fathom why employment was denied… ignoring the findings of the medical board, wherein it was categorically stated that the appellant could take up all activities including job,” the Bench observed.
The Division Bench further cited the landmark ruling in MX of Bombay Indian Inhabitant v. M/s ZY & Ors., which laid down that medical fitness rules must be evaluated in light of job capability and actual risk, not broad assumptions about medical conditions.
The Court allowed the appeal and directed FACT to issue an appointment letter within one month.
This ruling reinforces that public employment cannot be denied based on discriminatory or medically unsubstantiated grounds, especially where constitutional rights are at stake.
Case: XXX vs Fertilisers and Chemicals Travancore Ltd. – Available on LAWFYI.IO
