A man known as Tian Hua, has demanded the Ministry of Finance to allow him to be considered for a post despite failing the physical examination.
According to the Beijing Times, Tian took the 2012 National Civil Servants Exam for a vacancy in the MOF and ranked first both in the written exam and the interview, but he was rejected as medically unfit.
Tian believes he failed the physical exam not because of his current health condition but because of a disease he had 11 years ago.
During the first physical exam in March, Tian volunteered information to the doctor, telling him that he had a disease that caused muscle loss in his hands, but that it would not affect his ability to work.
The next day, Tian was informed that he failed the physical exam. He later went to another hospital for a further check-up but again failed the exam.
Tian learned from the second hospital that the MOF had sent an official letter stating that the post requires hard labor.
He then filed a lawsuit against the MOF in Beijing No 1 Intermediate People's Court but the case was rejected because it is not under the jurisdiction of the court.
Tian's lawyer said the official letter misled the hospital, and resulted in an inaccurate physical examination result and impinged on Tian's right to equal employment.
On Nov 27, Tian posted an appeal to Beijing Higher People's Court, asking them to quash the decision of Beijing No 1 Intermediate People’s Court and make the original court accept the case.