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MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN
Union of India – Appellant
Versus
Sanyogita – Respondent
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 t
The existence of a tattoo scar does not constitute medical unfitness unless it violates specific guidelines regarding size and location.
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 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 ....
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