Can't Deny Employment Merely Citing Diabetes Unless It Is Found That Such Condition Would Impact Capacity To Perform Duties: Kerala High Court
The Kerala High Court has made it clear that a candidate cannot be denied employment merely by stating that he has a disease without finding that it would impact his capacity to perform functional duties or responsibilities.The applicant, an ex-serviceman was denied employment to the post of Ticket Examiner in the Indian Railway since he was unfit by the medical board due to diabetes....
The Kerala High Court has made it clear that a candidate cannot be denied employment merely by stating that he has a disease without finding that it would impact his capacity to perform functional duties or responsibilities.
The applicant, an ex-serviceman was denied employment to the post of Ticket Examiner in the Indian Railway since he was unfit by the medical board due to diabetes.
The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen stated thus:
“Merely citing a disease one cannot be denied employment unless it is found that such a disease would have impact on his functional duties or responsibilities. Thus we dismiss this original petition. “
The medical board relying upon a circular issued by the Ministry of Railways found the applicant unfit since he has diabetes. The Tribunal could not consider the circular or reply statement filed by the Railways while the matter was heard and disposed of. Thus, the Union of India and Railways have approached the High Court seeking a fresh consideration of the issue.
On perusal of the circular, the bench stated that the applicant could not be found unfit merely for the reason that he has diabetes or any other disease. It stated that the medical board has to determine whether a candidate is unfit or not after considering the nature of employment. It thus held that a person cannot be found unfit merely for the reason that one has diabetes or any other disease.
“Merely stating that he is having diabetes, it cannot be said that he is unfit for the purpose of the job. The unfitness has to be found out with reference to the functions and duties to be discharged by the candidate. Without examining a candidate who is alleged to be a diabetic, with reference to the nature of job, he cannot be declared unfit for the job for which he has applied”, stated the Court.
In the facts of the case, the Court found that the medical report did not mention any reasons before disqualifying the applicant except for the reason that he has diabetes. It added that diabetes by itself would not disqualify a candidate from discharging his duties.
Accordingly, the Court permitted the Railways to evaluate the medical condition of the applicant to find out whether the disease would materially or substantially impair him to be engaged as a ticket examiner or not.
Counsel for the Petitioners: Advocates S Radhakrishnan (Senior, Railway Panel), Krishna T C
Counsel for the Applicant/Respondent: Advocates I V Pramod, K V Sasidharan
Citation: 2024 LiveLaw (Ker) 98
Case title: Union of India v Udayachandran P