In a sharp rebuke to outdated notions of employability, the Kerala High Court has declared that denying someone a job solely for being Hepatitis B positive is not just prejudiced — it’s unconstitutional.
The ruling came in response to a troubling case involving a candidate who ranked second in the recruitment for Assistant General at Fertilisers and Chemicals Travancore Ltd. (FACT). After a routine pre-employment check labeled him unfit due to chronic Hepatitis B, his appointment was abruptly denied — despite no evidence that he posed a risk or lacked capacity for the role.
But the Court wasn’t having it.
A Division Bench, led by Justices Amit Rawal and KV Jayakumar, ripped into the logic of the employer, pointing out that the candidate had later been cleared by a second medical board — which found him fully capable of performing all duties, provided standard safety protocols were followed.
And yet, FACT dug in its heels, issuing another rejection letter, clinging to a diagnosis rather than acknowledging medical nuance.
The Court was unambiguous: Article 14 of the Constitution, which enshrines equality before the law, had been trampled. Quoting the Supreme Court’s decision in MX of Bombay v. M/s ZY, the Bench reminded everyone that medical fitness tests are meant to ensure functional capability — not to serve as a tool for discrimination cloaked in bureaucracy.
“What baffles us,” the Court said in essence, “is that despite a medical board clearly stating the man was fit to work, FACT still chose to exclude him. It’s unjustifiable.”
The single judge who first dismissed the man’s plea also came under fire, with the Bench noting that the earlier ruling had completely disregarded the favorable medical assessment.
Setting the record straight, the High Court ordered FACT to issue the appointment letter within a month — closing the chapter on a five-year-long denial that never should have occurred in the first place.
Sometimes, fairness needs a court order.