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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Vineet Kumar Meena – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of unfitness memorandum. (Para 1) |
| 2. petitioner willing to comply with tattoo removal guidelines. (Para 4 , 5) |
| 3. writ petition disposed with directions for further processing. (Para 6 , 7) |
1. Vide the present writ petition, the petitioner is seeking quashing of Memorandum of unfitness dated 16.09.2022/17.09.2022 issued by respondent Nos.3 and 4; 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. Notice issued.
3. Learned counsel for respondents accepts notice.
4. Learned counsel for petitioner submits that the present case is fully covered by the judgment dated 09.11.2022 passed by this Court in W.P.(C) 15302/2022 titled as "Shubham Sharma vs. Union of India & Ors." wherein it is held as under:
"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 not permissible as per the Office Memorandum dated 20.05.2015 issued by respondent no.2/Ministry of Home Affairs regarding revised u
Compliance with prescribed medical standards is essential for recruitment, yet remedial actions can allow individuals to meet requirements for fitness.
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.
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 upheld the principle of fairness in administrative decision-making, allowing a candidate to rectify minor disqualifications while ensuring compliance with guidelines.
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.
Candidates must comply with tattoo removal regulations prior to recruitment to qualify for positions in disciplined forces.
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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