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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Saurabh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner is seeking following reliefs:
"a.) Quash/set aside the Rejection Slip dated 17/05/2023 declaring as illegal and arbitrary in eliminating the candidature of the petitioner in Medical examination due to Tattoo on anterior surface of right forearm (Saluting Arm).
b.) Direct the respondents to conduct a fresh Medical Board and medically examine the petitioner a fresh and if the petitioner is found fit, he may be considered and given appointment for the post of Constable (Barber) in the BSF with all consequential benefits."
2. The case of petitioner is that petitioner was found unfit in Detailed Medical Examination dated 17.05.2023 and thereafter, in Review Medical Examination dated 17.05.2023 for the Post of Constable (Tradesman) (Male & Female) in Border Security Force, Ministry of Home Affairs, Government of India for the Year 2021-22, to which the petitioner applied for the Post of Constable (Water Carrier), on the ground that the petitioner has a tattoo on anterior surface right forearm (saluting arm) which is not permissible.
3. Notice issued.
4. Learned counsel for respondents accepts notice and has opposed the present p
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 ....
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.
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.
Candidates must comply with tattoo removal regulations prior to recruitment to qualify for positions in disciplined forces.
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.
The court upheld the principle of fairness in administrative decision-making, allowing a candidate to rectify minor disqualifications while ensuring compliance with guidelines.
The principle of providing an opportunity for re-examination in cases of medical unfitness due to specific reasons, as established by previous court decisions.
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