Kerala High Court has come forward to help that candidate

Kochi: The Kerala High Court has come to the aid of a candidate who was refused a job by the Indian Railways for the post of ticket examiner after he was found diabetic by a medical board. The court said, “A person cannot be refused employment merely on the ground of illness unless it is known that such illness will affect his functional duties or responsibilities. We, therefore, dismiss this original petition.” Are.” The Railway Medical Board, citing a circular issued by the Railway Ministry, found the applicant unfit because he has diabetes. During the hearing and disposal of the case, the Tribunal could not consider the circular or the reply filed by the Railways. Thus, the Union of India and the Railways approached the High Court seeking a fresh look at the issue. Studying the circular, the court pointed out that the applicant cannot be found ineligible merely because he has diabetes or any other disease. It states that the Medical Board must determine whether a candidate is unfit after considering the nature of employment and held that a person cannot be found unfit merely because he has diabetes or any Have other disease. “Merely by saying that he has diabetes it cannot be said that he is unfit for the job. The disqualification has to be ascertained in the context of the functions and duties to be discharged by the candidate. Without examining the candidate who said The fact that he is a diabetic cannot, in the context of the nature of the job, disqualify him from the job for which he has applied.” The court observed that the medical report did not mention any reason for disqualifying the applicant except that he had diabetes. It states that diabetes in itself will not disqualify a candidate from performing his duties and accordingly, the Railways is permitted to evaluate the medical condition of the applicant to find out whether the disease would make him a ticket examiner. Whether or not it would materially or substantially impair his ability to be appointed as such. ,