The existence of a tattoo scar does not constitute medical unfitness unless it violates specific guidelines regarding size and location.

ORDER :

Heard.

2. This appeal is directed against the order dated 28.11.2023 passed by the learned Single Judge by which the respondent's petition has been allowed, declaring the decision of the appellants in rejecting the candidature of the respondent as illegal.

3. Learned Deputy Solicitor General of India referred to the provisions contained in sub-clause (3) of Clause 11 of the Uniform Guidelines for Recruitment Medical Examination for Recruitment of GOs and NGOs in CAPFs and AR dated 20.05.2015, in support of his submission by elaborating that tattoo marks are ordinarily attributes of medical unfitness unless they are found on permissible part of the body with permissible content and size. Learned counsel would argue that in disciplined force, the standard of medical fitness is higher than the medical fitness required in other services, because such issues have bearing on the performance and duties in a disciplined force. He would submit that the learned Single Judge while allowing the writ petition, ignored and failed to appreciate that the spirit of the provisions, referred to above, required the writ petitioner to be free from any kind of tattoo inscribe or scar of removed tattoo on the inner aspect of right forearm. He would further submit that the scar, which has a permanent imprint, would be a ground for medical unfitness. The decision taken by the body of experts including review medical board, in absence of there being any violation of the provisions of law or binding guidelines, could not be interfered with by the Court in exercise of its writ jurisdiction, as the scope of judicial review against the opinion of the medical board/medical expert is extremely limited and it is not permissible under the law to substitute the opinion through judicial process. He would further submit that the learned Single Judge also did not properly appreciate the facts and circumstances, distinguishing features of the case of Shridhar Mahadeo Pakhare v. Union of India & Ors (Writ Petition No.10026 of 2017) decided by the Bombay High Court.

4. On the other hand, learned counsel for the respondents, on advance copy, supporting the order passed by the learned Single Judge submits that the learned Single Judge, after taking into consideration that the scar mark of removed tattoo, by itself, could not be made a basis to hold a candidate medically unfit in terms of the qualifying provisions contained in sub-cause (3) of clause 11 of the Guidelines, allowed petition.

5. Having heard learned counsel for the parties any having gone through the impugned order of the learned Single Judge, we do not find any ground to interfere with the order of the learned Single Judge for the reasons which are stated infra.

6. Admittedly the only ground on which the respondent-petitioner was declared medically unfit is that she was having scar mark on the inner aspect of her right forearm.

7. The relevant provisions contained in the guidelines, which have been referred to by the appellants and also analyzed by the learned Single Judge and are relevant for our purposes in this case, read as below:

"3) Tattoo : The practice of engraving / tattooing in India is prevalent since time immemorial, but has been limited to depict the name or a religious figure, invariably on inner aspect of forearm and usually on left side. On the other hand the present young generation is considerably under the influence of western culture and thus the number of potential recruits bearing skin art had grown enormously over the years, which is not only distasteful but distract from good order and discipline in the force. Following criteria are to be used to determine permissibility of tattoo:

b) Content-being a secular country, the religious sentiments of our countrymen are to be respected and thus tattoos depicting religious symbol or figure and the name, as followed in Indian army, are to be permitted.

a) Location- tattoos marked on traditional sites of the body like inner aspect of fo