Petitioners Declared Unfit for Assistant Commandant Post Due to Tattoos on Saluting Arm; Court Upholds Revised Medical Guidelines
In a recent judgment, the Delhi High Court dismissed writ petitions filed by Ankit Maan and Pradhan Choudhary, challenging the medical examination guidelines that rendered them unfit for promotion to the post of Assistant Commandant in the Central Armed Police Forces (CAPF) due to tattoos on their right forearm. The court upheld the revised guidelines that stipulate specific permissible locations for tattoos, emphasizing that tattoos on the saluting arm are not allowed.
The petitioners, who were already serving as Inspectors in the Central Reserve Police Force (CRPF), had applied for promotion through the Limited Departmental Competitive Examination (LDCE) - 2023. After clearing the written and physical tests, they were declared unfit in the medical examination due to the presence of tattoos on their right forearm, a decision which was reiterated in the subsequent review medical examination conducted the next day.
The petitioners argued that the advertisement for the posts did not specify a tattoo prohibition and that they had the tattoos removed post-examination. They cited previous cases where candidates were allowed another medical examination after addressing similar issues. However, the court noted that the guidelines, revised in May 2015, clearly outline acceptable tattoo locations, such as the inner left forearm or dorsum of the hands, and do not permit tattoos on the right forearm.
The court also dismissed the petitioners' contention regarding the timing of the review medical examination, stating that conducting it the next day is permissible under the guidelines. Furthermore, the court emphasized that eligibility must be assessed based on conditions on the last date of application submission, and judicial review does not extend to granting additional opportunities for candidates to meet eligibility criteria after the fact.
Additionally, the court highlighted a procedural issue, noting that the petitioners failed to include the selected candidates as parties in their petitions, making the writs non-maintainable due to non-joinder of necessary parties.
In conclusion, the court found no merit in the petitions and dismissed them, reinforcing the importance of adhering to the prescribed guidelines for promotions within the CAPF.
Bottom line:-
Guidelines for Recruitment Medical Examination in CAPFs and Assam Rifles do not prescribe an absolute bar on tattoos, but only allow tattoos of specific content, location, and size. Candidates possessing tattoos violating these guidelines can be declared unfit for promotion or recruitment.
Statutory provision(s): Guidelines for Recruitment Medical Examination in CAPFs and Assam Rifles, Ministry of Home Affairs Office Memorandum dated 20.05.2015, OM F.NoE. 32012/ADG(Med)/DME&RME/DA-1/2020 (Part File)/1166 dated 31-05-2021.
Ankit Maan v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2933109
