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SURESH KUMAR KAIT, MINI PUSHKARNA
Davinder Kaur – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
CM APPL.25338/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 6446/2023 & CM APPL.25339/2023
3. Present petition has been filed seeking quashing of memorandum of unfit dated 23.01.2023 (DME) and quashing of memorandum of unfit dated 25.01.2023 (RME) as she was declared unfit on account of having tattoo on her right forearm. Further seeks direction for re-conducting of RME of petitioner and consider her candidature for the post of Head Constable/GD in the category of weightlifting (59 KG) afresh.
4. Case of the petitioner is that the petitioner participated for the post of Head Constable/GD through sports quota and for the said purpose, Detailed Medical Examination was conducted on 23.01.2023 whereby she was declared unfit due to the tattoo on her right arm. Thereafter, on 25.01.2023, Review Medical Examination was conducted and the petitioner was again declared unfit on account of tattoo with scar over right forearm and hand.
5. Now the case of the petitioner is that tattoo on the arms and hands have already been removed and that she should be given an opportunity to participate in the examinatio
The principle of providing an opportunity for re-examination in cases of medical unfitness due to specific reasons, as established by previous court decisions.
The court has the authority to direct a re-examination by a medical board in cases where the petitioner's fitness for a position is in question.
The central legal point established in the judgment is the permissibility of tattoos in the context of medical examinations for recruitment, and the court's consideration of the petitioner's removal ....
Uniform recruitment guidelines prohibit tattoos on the saluting arm, impacting a candidate's eligibility; however, the court allows a candidate to seek re-evaluation after tattoo removal.
Compliance with prescribed medical standards is essential for recruitment, yet remedial actions can allow individuals to meet requirements for fitness.
The presence of abraded lesions from tattoo removal, without evidence of interference with duties, cannot be a ground for declaring a candidate unfit for service in CAPF.
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