The Kerala High Court ruled that refusing public employment to someone solely because they carry Hepatitis B violates the Constitution’s equality guarantee.
A candidate who applied for the assistant general manager post at FACT (Fertilisers and Chemicals Travancore Ltd) faced rejection after testing positive for Hepatitis B. FACT’s human resources team cited the medical report to label him unfit for service. The candidate challenged this in court, arguing that his infection did not prevent him from performing the job.
In 2023, a bench of Justices Amit Rawal and K V Jayakumar directed FACT to arrange a fresh medical examination by a government hospital or medical college board. The bench noted that no law bars an employer from hiring someone with Hepatitis B, provided they can safely do the work. They also asked the central government to create clear guidelines on hiring candidates with blood-borne infections.
FACT complied by sending the candidate’s records to a medical board. The board’s report showed he could carry out all duties and training, so long as standard safety precautions were in place. Despite this, FACT again refused to appoint him, citing medical unfitness. The candidate returned to court.
In January 2025, a single-judge bench sided with FACT, accepting the board’s conclusion of “medical unfitness” without examining its reasoning. The candidate filed an appeal.
On review, the division bench studied the medical report and found its own clear statement that the candidate was fit for work under universal safety measures. The court held that denying him the post solely for carrying Hepatitis B breached Article 14 of the Constitution, which ensures equal treatment under the law. They ruled that discrimination on grounds of infection without a valid, job-related reason is unlawful.
The bench ordered FACT to issue the appointment letter within one month, subject to the candidate’s qualifications. This decision marks a legal precedent: public employers cannot reject applicants merely for having Hepatitis B or similar conditions if they meet the job requirements and can work safely.
By enforcing these principles, the Kerala High Court has underscored the need for clear, evidence-based medical protocols in public recruitment. The ruling also signals to other state agencies that blanket bans on candidates with certain infections will not stand without concrete proof that the individual cannot perform the role safely. Institutions must now reassess their health-screening policies to align with constitutional guarantees and medical board findings.
