Kerala High Court: Denying Job Over Hepatitis B Infection Violates Right to Equality Under Article 14

Kerala High Court: Denying Job Over Hepatitis B Infection Violates Right to Equality Under Article 14

The Kerala High Court has ruled that denying public employment solely due to Hepatitis B infection violates Article 14 of the Constitution, which guarantees equality.

A man, who ranked second in a recruitment process at Fertilisers and Chemicals Travancore Ltd. (FACT), was rejected after being diagnosed with Hepatitis B, despite a medical board later confirming he could safely perform all duties with precautions.

The Court said such denial, ignoring medical clearance, was unjust and discriminatory and cited MX of Bombay Indian Inhabitant v. M/s ZY & Ors, which clarifies that fitness rules are to ensure workplace safety, not blanket exclusion.

The court directed FACT to appoint the candidate within a month, affirming that health conditions alone can't justify exclusion from jobs.

Judgement Copy / 7 months ago

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