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SYED ROSHAN ZAMIR

ALI Digitally signed by 2026:CGHC:15438

SYED ROSHAN ZAMIR ALI NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 13638 of 2025

1. Devendra Devgade S/o Mr. Sakharam Devgade Aged About

21 Years R/o Ward No. 10, Village- Sonesarad Vtc Pipalgaon Kurud, P.O. - Temni, Tehsil- Kirnapur, District- Balaghat (M.P.)

... Petitioner versus

1. Union Of India Through Secretary, Ministry Of Home Affairs, Kartavya Bhavan, 03 Janpath, New Delhi.

2. The Director General, Crpf (Recruitment Branch), East Block-

07, Level 4, Sector 01, R.K. Puram, New Delhi.

3. The Staff Selection Commission Through Regional Director (MPR), 5th Floor, Investment Building, Lic Campus-2, Pandri,

Raipur

4. Review medical board through presiding officer/ CMO (SG), GC, CRPF Bilaspur.

... Respondents For Petitioner : Mrs. Anju Ahuja, Advocate.

For Respondents : Mr. Ramakant Mishra, Dy. Solicitor General with Mr. Niraj Baghel, Advocate

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order On Board

30/03/2026

1. Petitioner has filed this writ petition seeking following reliefs:-

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“10.1. That the Hon’ble Court may kindly be pleased to call for the entire record pertaining to the case of

petitioners for its kind perusal.

10.2. That the Hon’ble High Court may kindly be pleased to, quashing and setting aside the impugned Memorandum declaring the Petitioner medically unfit dated 17/11/2025 (Annexure P4) and the Review Medical Examination report dated 20/11/2025 (Annexure P5) may be declared illegal,

arbitrary in the interest of justice.

10.3. That the Hon’ble High Court may kindly be pleased to, directing the Respondents to reconsider the Petitioner as medically fit in the light of medical certification obtained from District Hospital Balaghat (Annexure P6) or else respondent no.4 may reexamine the petitioner’s scar / alleged tatto again and consider him for further recruitment process to the post of Constable as per his merit position, if he

is otherwise eligible with all consequential benefits.

10.4. That the Hon’ble High Court may kindly be pleased to grant any other relief, to which the Hon’ble High Court may deems fit and proper in the interest of

justice.”

2. Facts of the case, in brief, are that pursuant to notification

dated 5.9.2025, petitioner applied for the post of Constable (General Duty) in Central Armed Police Forces (CAPF). Petitioner successfully clear computer based examination, physical standard test and therefore, he was called for detailed medical examination. After detailed medical

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examination, petitioner was served with Memorandum dated 17.11.2025, declaring him medically unfit on the ground that he is having tattoo mark on his right forearm. Thereafter, petitioner approached the Review Medical Board for review medical examination in which also petitioner was declared

unfit due to presence of tattoo mark on his right forearm.

3. Learned counsel for petitioner submits that petitioner has

successfully passed all the tests in pursuance to the selection process initiated by the respondents vide Annexure-1. However, his candidature had been rejected straightaway only on the ground of having tattoo mark over right forearm without affording him any opportunity to take remedial step in connection with the tattoo mark, which is remediable and not of a permanent character. She submits that after rejection by the Review Medical Board, the petitioner got removed tattoo mark on his right forearm by surgical procedure, now only scar of tattoo removal remained on the forearm and in support thereof, she referred to medical certificate dated 22.11.2025 (Annexure P-6) in which it is clear mentioned that presently there is only a scar of tattoo mark. She submits that having got the tattoo removed from right forearm, technically, there exists no tattoo on the right forearm of the petitioner and as such, the petitioner meets the eligibility criteria. She further submits that tattoo removal scar mark on right forearm of

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petitioner will not in any m