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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Shubham Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of unfitness memorandum. (Para 1 , 2) |
| 2. respondents argue tattoo is not permissible. (Para 4) |
| 3. petitioner can remove tattoo and re-apply. (Para 5 , 6) |
| 4. petition disposed with directions. (Para 7 , 8) |
1. By way of the present petition, petitioner seeks quashing of Memorandum of unfitness dated 28.09.2022/29.09.2022 issued by respondent Nos. 3 and 4 and directions to the respondents to appoint the petitioner on the post of Constable (GD) in Central Armed Police Forces, NIA, SSR and Rifleman GD in Assam Rifles Examination, 2021.
2. Case of petitioner is that petitioner was found unfit in Detailed Medical Examination dated 28.09.2022 and thereafter, in Review Medical Examination dated 29.09.2022 for the post of CT/GD in Central Armed Police Force Examination, NIA, SSR and Rifleman GD in Assam Rifles Examination, 2021 on the ground that petitioner has a religious tattoo marks on the dorsum of right hand (1.5*1.5cm) which is not permissible.
3. Notice issued.
4. Learned counsel for respondents accepts notice and has opposed the present petition by submitting that right arm is saluting hand and therefore, this tattoo is
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 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 court upheld the principle of fairness in administrative decision-making, allowing a candidate to rectify minor disqualifications while ensuring compliance with guidelines.
Candidates must comply with tattoo removal regulations prior to recruitment to qualify for positions in disciplined forces.
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 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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