The court upheld the principle of fairness in administrative decision-making, allowing a candidate to rectify minor disqualifications while ensuring compliance with guidelines.

Headnote:(A) Delhi Police and Central Armed Police Forces Examination Guidelines - Tattoo Policy - Petition challenging findings of Detailed and Review Medical Examinations for Sub-Inspector position on grounds of tattoo unfitness - Tattoo deemed impermissible as it appears on saluting hand. (Paras 1, 5, 6)

(B) Medical Examination - Principles of fairness and due process - Petitioner qualified the written examination and is serving in the force, expressing willingness to remove the tattoo. (Paras 6, 7)

Facts of the case:
The writ petition arises from the petitioner's disqualification based on a tattoo found during medical examinations, despite the absence of other defects, and the petitioner's willingness to remove it.

Findings of Court:
The court allowed the petitioner to appear before a fresh medical board post-tattoo removal, mandating that, if fit, the selection process should proceed.

Issues: The primary issue was whether the tattoo policy applied equitably given the petitioner's situation and previous qualifications.

Ratio Decidendi: The court emphasized a fair opportunity for the petitioner to gain fitness certification after changing his circumstances, aiming to balance the guidelines against the individual's right to employment.

Result: Petition disposed of, allowing petitioner to appear for re-evaluation.

Table of Content
1. petitioner challenges medical examination findings. (Para 1 , 2)
2. court observes tattoo but notes no other defects. (Para 3 , 6)
3. respondent argues tattoo violates recruitment guidelines. (Para 5)
4. petitioner permitted to reapply after tattoo removal. (Para 7)
5. dismissal of the petition with directions given. (Para 8 , 9)

JUDGMENT (Oral)

1. The present writ petition has been filed by the petitioner seeking quashing of the findings of the Detailed Medical Examination dated 21.04.2022 and the Review Medical Examination dated 22.04.2022 for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces Examination 2020 or respondents may be directed to conduct fresh Detailed Medical Examination for the petitioner; quashing of the Tattoo Policy as contained in Clause 11.12 of the Sub-Inspector in Delhi Police and Central Armed Police Forces Examination 2020 to the extent that it fails to differentiate between the very appearance of the tattoo i.e. how light or dark it is and how visible it actually is.

2. Case of petitioner is that petitioner was found unfit in Detailed Medical Examination dated 21.04.2022 and thereafter, in Review Medical Examination dated 22.04.2022 for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces Examination 2020 on the ground that petitioner has tattoo on the right arm which is not permissible.

3. Petitioner has appeared in person and this Court has seen the tattoo on the right forearm of the petitioner which has "P.S.", i.e. initials of his name Pradeep Singh depicted.

4. Notice issued.

5. Learned Senior Panel Counsel for respondents accepts notice and has opposed the present petition by submitting that right arm is saluting hand and therefore, this tattoo is not permissible as per the guidelines issued vide advertisement dated 17.06.2020 for the post of Sub-Inspector in Delhi Police and Central Armed Police Forces Examination, 2020.

6. On enquiry from the petitioner, this Court has been told that the petitioner is willing to remove the said tattoo on the right arm and that the same can be removed by a minor laser surgery. This Court also finds from the Detailed Medical Examination dated 21.04.2022 and the Review Medical Examination dated 22.04.2022 that barring the said tattoo there were no other defects found in the petitioner. Further, it is a matter of fact that the petitioner has already qualified the written examination for the said post and that the petitioner is currently serving as Constable in the Delhi Police.

7. Keeping in view the aforesaid position as well as in the interest of justice, we hereby dispose of the present petition by giving liberty to the petitioner to appear before the freshly constituted medical board of the respondents after two weeks from today after having the tattoo in the right arm removed and in case the petitioner is found fit by the said medical board, the respondents shall further process the selection of petitioner for the post in question in accordance with law.

8. With the aforesaid directions, the present petition stands disposed of.

9. Pending application also stands disposed of.

Copy of this order be given dasti under Signatures of Court Master.

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