Introduction:

The Kerala High Court issues a significant ruling on employment discrimination based on health conditions, emphasizing that candidates cannot be denied employment solely on the basis of a disease without considering its impact on functional duties. In a case where an ex-serviceman was denied a job as a Ticket Examiner in the Indian Railways due to diabetes, the court’s decision underscores the need for a nuanced evaluation of health conditions in relation to job requirements.

Arguments:

Advocates S Radhakrishnan and Krishna T C, representing the Union of India and Railways, sought a fresh consideration of the applicant’s fitness for employment based on a circular issued by the Ministry of Railways. On the other hand, Advocates I V Pramod and K V Sasidharan, representing the applicant, emphasized the applicant’s right to employment and argued against arbitrary disqualification based solely on the presence of diabetes.

Court’s Judgement:

The Division Bench, comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen, dismisses the original petition and upholds the applicant’s right to fair consideration for employment. It asserts that mere existence of a disease, such as diabetes, cannot be grounds for disqualification unless it demonstrably affects the candidate’s ability to perform job duties. The court directs the Railways to reevaluate the applicant’s medical condition in light of job requirements, emphasizing the need for a thorough assessment before determining fitness for employment.