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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sonu Yadav – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide this petition, petitioner is praying as under:
"(a) Quash/set aside the Rejection Slip dated 18/05/2023 declaring as illegal and arbitrary in eliminating the candidature of the petitioner in Medical examination due to unhealed & unhealthy tattoo removed & scar over Rt 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. Case of petitioner is that respondent No.2 issued an advertisement Notice dated 14.01.2022 for recruitment for the post of Constable (Tradesman) (Male & Female) in Border Security Force for the year 2021- 22. After qualifying PST/PET and Written Examination, petitioner was called for detailed Medical Examination/Review Medical Examination on on 09.05.2023 and was declared unfit for the reason `unhealed Mark on Right Forearm'. Thereafter, petitioner appeared for Review Medical Examination on 18.05.2023 and petitioner was again declared medically unfit due to `unhealed & unhealthy Tattoo removed scar over Rt fo
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 ....
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 principle of providing an opportunity for re-examination in cases of medical unfitness due to specific reasons, as established by previous court decisions.
Candidates must comply with tattoo removal regulations prior to recruitment to qualify for positions in disciplined forces.
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.
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