Delhi High Court
Pardeep vs Union Of India & Ors. on 20 May, 2022
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20.05.2022
+ W.P.(C) 7786/2022 & CM APPL.23850/2022
PARDEEP ..... Petitioner
Through: Mr. Aayushman Aeron, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Rajan Khosla, Senior Panel
Counsel with Mr. Abhigyan Siddhant,
Advocate for respondent/UOI
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. The present writ petition has been filed by the petitioner seeking
quashing of the findings of the Detailed Medical Examination dated
21.04.2022 and the Review Medical Examination dated 22.04.2022 for the
post of Sub-Inspector in Delhi Police and Central Armed Police Forces
Examination 2020 or respondents may be directed to conduct fresh Detailed
Medical Examination for the petitioner; quashing of the Tattoo Policy as
contained in Clause 11.12 of the Sub-Inspector in Delhi Police and Central
Armed Police Forces Examination 2020 to the extent that it fails to
differentiate between the very appearance of the tattoo i.e. how light or dark
it is and how visible it actually is.
2. Case of petitioner is that petitioner was found unfit in Detailed
Medical Examination dated 21.04.2022 and thereafter, in Review Medical
Examination dated 22.04.2022 for the post of Sub-Inspector in Delhi Police
and Central Armed Police Forces Examination 2020 on the ground that
petitioner has tattoo on the right arm which is not permissible.
3. Petitioner has appeared in person and this Court has seen the tattoo on
the right forearm of the petitioner which has "P.S.", i.e. initials of his name
Pradeep Singh depicted.
4. Notice issued.
5. Learned Senior Panel Counsel for respondents accepts notice and has
opposed the present petition by submitting that right arm is saluting hand
and therefore, this tattoo is not permissible as per the guidelines issued vide
advertisement dated 17.06.2020 for the post of Sub-Inspector in Delhi Police
and Central Armed Police Forces Examination, 2020.
6. On enquiry from the petitioner, this Court has been told that the
petitioner is willing to remove the said tattoo on the right arm and that the
same can be removed by a minor laser surgery. This Court also finds from
the Detailed Medical Examination dated 21.04.2022 and the Review
Medical Examination dated 22.04.2022 that barring the said tattoo there
were no other defects found in the petitioner. Further, it is a matter of fact
that the petitioner has already qualified the written examination for the said
post and that the petitioner is currently serving as Constable in the Delhi
Police.
7. Keeping in view the aforesaid position as well as in the interest of
justice, we hereby dispose of the present petition by giving liberty to the
petitioner to appear before the freshly constituted medical board of the
respondents after two weeks from today after having the tattoo in the right
arm removed and in case the petitioner is found fit by the said medical
board, the respondents shall further process the selection of petitioner for the
post in question in accordance with law.
8. With the aforesaid directions, the present petition stands disposed of.
9. Pending application also stands disposed of.
Copy of this order be given dasti under Signatures of Court Master.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 20, 2022/rk
