Bombay High Court
Hitesh Sunil Dhote vs Union Of India, Thr. Secretary, ... on 31 July, 2025
Author: M.S. Jawalkar
Bench: M.S. Jawalkar
2025:BHC-NAG:90
J wp 7427-2024.odt 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 7427 OF 2024
Hitesh S/o Sunil Dhote,
Aged about 27 years, Occ : nil,
R/o Wandali Wagh, Post Katol,
District Nagpur
....PETITIONER
....VERSUS....
1. Union of India, through its
Secretary, Ministry of Home
Affairs New Delhi
2. Director General of Central
Reserve Police Force(CRPF)
(Recruitment branch), East
Block-07, Level-04, Sector-01,
R.K. Puram, New Delhi-66)
3. Staff Selection Commission,
Through its Chairman,
Northern Region Block No. 12,
CGO Complex, Lodhi Road, New
Delhi - 110003
4. Review Medical Board, CH
Nagpur, (Recruitment) CT/GD
Group Centre, Central Reserve
Police Force, Nagpur
....RESPONDENTS
-----------------------------------------------------------------------------------------
Shri K.N. Jain, Advocate for petitioner
Shri C.J. Dhumne, Advocate for respondent No.1, 2 & 4
-----------------------------------------------------------------------------------------
J wp 7427-2024.odt 2/5
CORAM : SMT. M.S. JAWALKAR AND
SHRI. PRAVIN S. PATIL, JJ..
DATED : 31/07/2025
ORAL JUDGMENT(PER SMT. M.S. JAWALKAR, J.)
(1) Rule. Rule made returnable forthwith.
(2) Heard learned Counsel for the petitioner and learned
Counsel for the respondent Nos. 1, 2 and 4.
(3) In the present petition, the petitioner is seeking direction
against the respondents/Authorities to consider his candidature to
the post of Constable (GD) in Central Armed Police Forces
(CAPFs), as the petitioner has been arbitrarily and illegally
declared unfit by Review Medical Examination Board at Central
Reserve Police Force, Centre Nagpur on 16/10/2024, for having
Congenital Melanocytic Nevus (CMN) (Birth marks) and scars of
tattoo removal on right forearm, by its report dated 16/10/2024.
(4) In pursuance of the advertisement dated 24/11/2023, for the
post of Constable, he applied for the Constable post in the OBC
category as he has satisfied the conditions, his form was accepted.
He had cleared the written test and appeared for the Physical
Standard Test (PST). The petitioner was declared unfit by the
Medical Officer, Medical Examination Board, for having a tattoo
scar on the right forearm and hyper pigmented patch over the left
forearm. It is his contention that the Congenital Melanolytic Nevus
is nothing but a birthmark. He filed his representation on
26/10/2024 with the respondent No.2, along with judgments of
this Court. Petitioner submitted that he is otherwise absolutely fit,
and the said tattoo or patch does not affect his efficiency in
performing the duties.
(5) Learned Counsel for the respondent submitted their reply
and supported the order.
(6) In Writ Petition 7027/2024, relied on by the petitioner, there
is reference to the petitions, wherein, such an issue is dealt with
and it is held that though policy permits disqualification on this
ground speaks that anomaly, should be of such a nature which
would interfere with the functioning. Those are reproduced
below :
Sr. No. Case No. Name of Parties Decided on
1. WP No. 5273 of 2024 Nikhil Ishwar Karde vs. Union of India 11.12.2024
2. WP. No.10026 of 2017 Shridhar M. Pakhare vs. Union of India. 30.01.2018
3. WP. No.1991 of 2019 Hardik Rameshkumar Waghela Vs. Union 21.02.2019
of India
4. WP. No. 1637 of 2024 Saurabh S. Junghare Vs. Union of India 16.07.2024
5. WP. (MD) No. 16282 K.M. Manojkumar Vs. The Secretary, 01.04.2021
of 2020 S.S.C. & others
6. C.W.P. No. 361 of 2021 Ramesh Kumar Vs. Union of India 24.11.2023
(7) On perusal of the guideline in paragraph No. 11 under the
caption Miscellaneous Conditions, Guideline No. 3, speaks about
the tattoo. It is informed by the petitioner that the said tattoo was
removed and there is only a scar. In view of this statement, which
is admitted by the learned Counsel for the respondent there is no
impediment in allowing the petition and accepting the
candidature of the petitioner for the post of Constable, according
to merit. Accordingly, we proceed to pass the following order :
ORDER
i) The Writ Petition is allowed.
ii) The impugned Medical Examination Report dated
14/10/2024, and Review of Medical Examination Report dated
16/10/2024, that declares the petitioner unfit, is hereby quashed
and set aside.
iii) The respondent Nos 2 to 4 are hereby directed to consider
the candidature of the petitioner for the post of Constable in
CAPF.(Central Armed Police Force), as per his merit.
iv) It is declared that for the post of Constable in CAPF he is not
to be declared as ineligible on account of tattoo removal mark on
his forearm or for birth mark on forearm.
Petition stands disposed of accordingly.
Pending applications, if any, shall stand disposed of.
(PRAVIN S. PATIL, J.) (SMT. M.S. JAWALKAR, J.)
Jayashree..
