Aarohi Dhumale
A Division Bench of the Delhi High Court headed by Justice Suresh Kumar Kait and Justice Girish Kathpalia upheld the Central Administrative Tribunal’s (CAT) order that a scar left from tattoo removal cannot be used as a basis to disqualify a candidate from joining the Delhi Police.
Deepak Yadav had applied for a position of constable in the Delhi Police. He qualified the Computer Based Examination (CBE). The Physical Endurance and Measurement Test were carried out by Delhi Police. After an order issued by the Ministry of Home Affairs, Detailed Medical Examination and Review Medical Examination were conducted under which Mr. Yadav was declared unfit by the Staff Selection Commission (SSC) due to a “faded but visible tattoo on the vertical aspect of right forearm”.
However, Yadav was already undergoing the process of removing the tattoo, and only a dim scar was visible. Candidates are usually given time to undergo the tattoo-removal process. But despite the fact that Mr. Yadav was already undergoing such a process, he wasn’t given time to complete the process and appear before the Review Medical Board after the process was fully complete. The Central Administrative Tribunal (CAT) had ordered that a scar left from tattoo removal cannot be used as a basis to disqualify a candidate from joining the Delhi Police. The respondents have appealed against the CAT’s decision in the Delhi High Court.
The Court directed that Mr. Yadav fulfilled all other criteria and had no visible tattoo and should be allowed to join the training from next week onwards, noting that vacancies were still available. The Court upheld the Tribunal’s order and dismissed the appeal.
Case Name: Staff Selection Commission & Ors. v. Deepak Yadav
Case Number: W.P.(C) 10084/2024
Bench: Justice Suresh Kumar Kait and Justice Girish Kathpalia