Delhi High Court overrules police on tattoo rejection; ensures the candidate’s right to join Delhi police

The candidate who qualified in entrance test failed in the medical examination where is was declared unfit on account of a 'faded tattoo on his right forearm.'

New Delhi: The Delhi High Court has stepped in to help a Delhi police constable candidate who has been turned away because of a “faded tattoo” on his right arm. The court has ordered the authorities to let him join the police force.

The high court, which noted that the candidate has already undergone a surgery for the removal of the tattoo, asked him to appear before it and physically saw his right forearm.

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“We have physically seen the right forearm of the respondent (candidate) and from the naked eye, the tattoo is not even visible. The same has been shown to the counsel for the petitioners (authorities) and the officials who are present in court to assist the counsel.

“According to us, there is no clear visible tattoo on the forearm of the respondent. However, in place of the tattoo there is visible very dim scar. Sometimes such types of scars are natural and therefore, the candidates cannot be rejected on that ground,” Justices Suresh Kumar Kait and Girish Kathpalia said in a order passed on July 24.

The high court dismissed a plea by the Staff Selection Commission challenging an order of the Central Administrative Tribunal (CAT) by which the candidate was granted relief.

“It is also not the case of the petitioners that all the vacancies are already filled up since the basic training of the second batch has commenced from July 1, 2024. Accordingly, the petitioners are directed to allow the respondent to join the second batch for training within a week from the receipt of this order,” it said.

In September 2023, the candidate came across a notification for direct recruitment to the post of constable in Delhi Police and he applied for it. A computer-based examination was conducted by the SSC and a total of 86,049 candidates, including him, qualified for it.Their medical examination was conducted at a BSF Hospital here in which he was declared unfit on account of a “faded tattoo on the right forearm”.

Thereafter, in his review medical examination also he was declared unfit on account of “faded but visible tattoo on vertical aspect of right forearm” after which he approached the tribunal.
The HC said when any candidate, who is entering in the selection process of any force including Delhi Police, has a tattoo on his or her forearm and if it is objectionable to the authorities, an opportunity is granted to him or her to get it removed within a time-bound manner. If the candidate does not get it removed, his or her candidature is liable to be rejected, it noted.

In this case, the bench noted that the medical board was held on January 20 and the review medical board was held two days later.

Even before this period, the candidate was undergoing the surgery for tattoo removal and it was because of this reason that the tattoo was found to have faded on his forearm, it noted.

Therefore, the candidate had no opportunity to at least appear before the review medical board after getting the procedure complete for tattoo removal done, it said.