The Kerala High Court has declared that denying public employment to a person solely because they are affected by Hepatitis B is illegal, unfair, and violates Article 14 of the Constitution of India. The ruling came in the case of Shaik Zakir Ahmed v. Fertilizers and Chemicals Travancore Ltd (FACT).
A Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar delivered the judgment while allowing a writ appeal filed by Shaik Zakir Ahmed. He had been denied the post of Assistant General at FACT after being found medically unfit due to Chronic Hepatitis B infection.
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Ahmed had secured Rank 2 in the selection process and challenged his rejection through a writ petition. The High Court had earlier directed FACT to constitute a Medical Board to re-examine him. The first Medical Board confirmed the presence of Chronic Hepatitis B, leading Ahmed to file another petition. This resulted in the court ordering a fresh medical review by a board preferably from a government hospital.
The second board, consisting of doctors from General Hospital, Ernakulam, stated:
“The patient can participate in all his activities/training/job. He has to practice universal precautions in work.”
Despite this, FACT rejected his candidature, citing health and safety concerns for other employees.
The High Court criticized this move, stating:
“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 emphasized that the Medical Board had not found Ahmed incapable of performing his duties and that precautions could ensure workplace safety.
Quoting an earlier judgment from the Bombay High Court, the court reminded:
“No person can be deprived of his right to livelihood except according to procedure established by law... such procedure must pass the rigour of Article 14.”
It also noted that Hepatitis B, like HIV, is a communicable disease only through blood and bodily fluids, and should not justify employment denial without a direct threat or incapacity to perform job duties.
The Court quashed the previous rejection and directed FACT to:
“Issue appointment letter to the appellant/petitioner as expeditiously as possible, but not later than one month from the date of receipt of this judgment.”
Case No: WA No. 406 of 2025
Case Title: X v. FACT and others
Counsel for the Appellant: Arun Chandran, Amrita Arun, Aswathy S. Menon, Harimohan
Counsel for Respondents: Jai Mohan, T.C. Krishna, DSGI In-Charge.
