One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A maritime employer can’t arbitrarily reject you after your own specialist confirms fitness. You have recourse through DG Shipping’s appeal mechanism and, if needed, a writ petition or civil suit. Quick action makes all the difference.
Vikram Joshi cleared the interviews for an Electro-Technical Officer role at Great Eastern Shipping on his second attempt. He was asked to undergo a pre-sea medical at a panel clinic in Kochi. During the check-up on 17 July 2025, the clinic doctor noted a suspicious heart sound and told Vikram plainly — get a 2D Echo from a cardiologist. If that report comes back normal, you’re fit to sail.
Vikram spent his own money. Dr. Anjali Menon, a cardiologist in Ernakulam, did the test. Everything normal. No structural defects. She wrote clearly that the murmur was functional and that Vikram was fit for sea duty. He submitted the report the very next day. A week later, an email from Great Eastern Shipping declared him medically unfit. No reason. No reference to the clear cardiologist report. Just a generic, one-line rejection.
Follow-up emails were met with stonewalling. “Systolic murmur” was the only word that came back, ignoring the confirmed normal echo entirely. Vikram initially consulted a local lawyer who drafted a blunt request for reasons, but the company didn’t budge. That’s when he approached the Chamber of Advocate Sudhir Rao. And here’s the thing — maritime medical standards involve a tangle of DG Shipping circulars, Merchant Shipping Act provisions, and internal company policies. A generic approach rarely works.
Advocate Sudhir Rao’s office immediately dissected the DG Shipping’s 2017 Medical Examination Guidelines and flagged the specific rule that the employer’s doctor had seemingly overlooked. A detailed legal notice was sent, demanding a written medical opinion with precise grounds under the applicable DG Shipping format. Simultaneously, a representation was filed before the Directorate General of Shipping’s appellate authority. The pressure worked. Within three weeks, the company re-evaluated the case, this time with a fresh panel review, and Vikram was issued a fitness certificate. Advocate Sudhir Rao’s expertise in maritime employment disputes secured the order in the client’s favour without a prolonged court battle.
Key Facts of the Case
- Vikram Joshi was offered an Electro-Technical Officer position with Great Eastern Shipping, subject to medical clearance.
- He underwent a pre-sea medical at a DG Shipping-approved clinic in Kochi on 17 July 2025.
- The clinic doctor detected a heart sound and explicitly told Vikram he would be cleared if a cardiologist’s 2D Echo report came back normal.
- Dr. Anjali Menon’s 2D Echo report was completely normal, confirming functional murmur and certifying fitness for sea duty.
- The employer declared him medically unfit without providing any written reason that addressed the specialist’s findings.
- Repeated requests for a detailed explanation were ignored, citing only a “systolic murmur.”
- Under DG Shipping guidelines, a reasoned medical opinion is mandatory; an unsupported rejection can be challenged.
The Direct Legal Answer
If a specialist’s report says normal, can a medical centre override it without giving a reason?
Not arbitrarily. A company’s empanelled doctor isn't bound to rubber-stamp an independent specialist’s opinion. But they must follow the prescribed DG Shipping medical standards. If the guidelines treat a normal 2D Echo as clearing a functional murmur, then the rejection is prima facie unreasonable. A bare refusal without a specific, guideline-backed reason amounts to an unfair exercise of discretion. That opens the door for a legal challenge.
Is there a DG Shipping appeal process for cases like this?
Yes. The Directorate General of Shipping has a formal appeal mechanism for medical unfitness decisions. A seafarer or cadet can file a representation with the Medical Officer In-Charge at DG Shipping, supported by all reports and the employer’s rejection, requesting a review. If the initial review fails, a second appeal lies to the Director General (Medical) at the Directorate. This administrative route is often faster than court and carries considerable weight with employers.
What legal recourse exists, since this affects career and livelihood?
Beyond the DG Shipping appeal, you can file a writ petition under Article 226 of the Constitution if there is an element of arbitrariness or violation of natural justice — particularly if the clinic or employer is performing a public function under statutory rules. You also have a civil remedy for breach of contract, if an offer letter created a binding obligation contingent only on passing the medical as per standards. Damages can be claimed for loss of earnings and career setback under Section 73 of the Indian Contract Act, 1872.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don’t wait for the employer to change its mind on its own. File the DG Shipping appeal within thirty days. Keep every medical document, email, and WhatsApp message. And remember, maritime medical disputes involve nuanced interpretations of DG Shipping’s medical manual. An advocate who regularly handles seafarer employment cases will know exactly which technical grounds trigger a review. A general practitioner may not.
Applicable Sections of Law
- Section 74, Merchant Shipping Act, 1958: Mandates a certificate of medical fitness for every seaman; the examination must follow prescribed standards.
- Directorate General of Shipping Medical Examination Guidelines: Contains the detailed protocols for assessing heart murmurs, including the primacy of a 2D Echo in functional cases.
- Section 73, Indian Contract Act, 1872: Provides a claim for damages when a party breaches a contract of employment by arbitrarily failing to fulfil a condition precedent.
Limitation Period
For a civil suit claiming damages for breach of employment contract, the limitation period is three years from the date of breach under Article 55 of the Limitation Act, 1963. That means you must file within three years of receiving the rejection communication. The DG Shipping internal appeal doesn’t pause this clock automatically, so don’t wait indefinitely. If you miss the deadline, you’ll have to explain the delay convincingly to the court for condonation — and courts in employment matters aren’t always lenient.
Interim Reliefs Available
In a civil suit, you can seek an interim injunction under Order 39 Rule 1 and 2 CPC to restrain the employer from filling the vacancy until your case is heard, though this is tough to get. More realistically, you can apply under Order 11 CPC for discovery and production of the complete internal medical review records and the standards applied. If the employer is a public authority or discharges a public function, your writ petition can also ask for an interim direction to keep one post vacant pending decision. Early production of documents often reveals the arbitrariness and nudges the employer toward settlement.
If You Are the Victim
- Collect every document: the normal 2D Echo report, cardiologist’s fitness certificate, clinic rejection email, and all correspondence.
- File a written complaint with the Directorate General of Shipping’s Medical Cell immediately, attaching all evidence.
- Send a legal notice demanding a detailed, reasoned medical opinion citing the exact DG Shipping guideline the employer says you failed.
- Approach an advocate experienced in maritime employment law to assess if a writ petition or civil suit is viable.
- Don’t accept verbal assurances — get everything in writing from the start.
Documents You Must Keep Ready
- Offer letter or appointment communication from the shipping company
- Pre-sea medical examination report from the empanelled clinic
- Cardiologist’s 2D Echo report and fitness certificate
- Email or letter of “medically unfit” rejection
- Follow-up emails / messages seeking reasons
- Identity proof (Aadhaar, PAN, Seaman’s Discharge Book if any)
- Proof of expenses incurred (medical tests, travel) for potential damages
What Evidence Is Required?
- The specialist’s 2D Echo imagery and signed report — primary medical evidence.
- Any internal clinical notes that indicate the company doctor initially told you the specialist report would clear you — secondary evidence if you have emails referencing that conversation.
- Correspondence between you and the employer, showing the absence of specific reasons for rejection.
- DG Shipping’s medical guideline on heart murmurs (downloadable from the DG website) — this is key documentary evidence.
- Affidavit from the cardiologist confirming functional murmur and fitness, if needed.
- Expert testimony from another empanelled maritime medical examiner attesting that the rejection was not in line with standard practice.
How Courts Typically Approach Such Cases
Courts look for reasonableness in the employer’s decision. If the DG Shipping standards clearly indicate that a normal echo resolves a functional murmur and the employer’s doctor provides no contradictory medical reasoning, the court is likely to hold the rejection arbitrary. However, judges tend to defer to medical experts where a genuine difference of opinion exists. That’s why building a record showing the employer ignored its own stated criteria is critical. The court won’t substitute its medical judgment, but it will strike down a decision that ignores binding guidelines. A well-documented administrative appeal file helps immensely.
Timeline of Legal Process
- DG Shipping Appeal: File within 30 days; medical board review typically takes 30–60 days; decision issued within 90 days.
- Legal Notice (if preferred): 15–30 days for employer’s reply.
- Writ Petition: After exhausting DG Shipping appeal or if the appeal is unduly delayed. High Court may take 3–6 months for a final hearing on an interim order.
- Civil Suit: Plaint filing → summons → written statement (30–90 days) → issues and trial. A contested civil suit can run 1–2 years for a decree.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, and it often is. A strong legal notice backed by the DG Shipping guidelines frequently nudges the employer to reconsider rather than litigate. Mediation is not typical for such disputes, but a well-drafted representation through the DG Shipping appeal acts like a quasi-administrative settlement forum. Once the appellate medical board issues a direction, employers usually comply to avoid the risk of a High Court writ. In a few cases, the company itself agrees to a fresh panel medical exam and re-inducts the candidate. A compromise recording the clearance and dropping the damages claim can be formalised under Order 23 Rule 3 CPC, but in practice, most matters resolve at the administrative stage.
Common Mistakes People Make
- Waiting too long to appeal: The DG Shipping 30-day window is tight. Many lose their chance because they first try to negotiate informally for weeks.
- Relying on verbal promises: The clinic doctor’s assurance that a normal echo will clear you means nothing unless reflected in official records. Always get it in writing.
- Not preserving the full medical file: Just the specialist report isn’t enough. You need the clinic’s initial note, the referral slip, and every piece of communication.
- Approaching a general litigator without maritime law experience: These cases turn on DG Shipping circulars and the specific medical manual. An advocate who doesn’t regularly handle seafarer employment disputes may miss the technical grounds that trigger a review.
- Posting details on social media: Publicly criticising the employer before exhausting legal remedies can backfire and weaken your negotiating position.
- Assuming the company’s medical opinion is final: It isn’t. The DG Shipping appeal and a reasoned legal notice can overturn it.
FAQs People Normally Have
Can the company doctor just overrule a cardiologist?
Only if the company doctor gives a specific, medically grounded reason that complies with DG Shipping guidelines. A bare refusal isn’t acceptable.
Do I have a right to see the detailed medical standards they used?
Yes. The DG Shipping’s medical examination manual is a public document. You can demand to know which specific provision you are said to have failed.
Will a writ petition work against a private shipping company?
In certain High Courts, writ jurisdiction extends to private entities performing functions under statutory rules, like issuing a fitness certificate required by the Merchant Shipping Act. Your lawyer will assess if your case qualifies.
Can I claim compensation for lost wages if the rejection is wrong?
Yes, under Section 73 of the Indian Contract Act, you can claim damages for the loss caused by the breach, including loss of earnings for the contract period.
How quickly can the DG Shipping appeal resolve the issue?
Typically within 60 to 90 days from filing, if all documents are in order and no further medical tests are ordered.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India