Delhi High Court
Vineet Kumar Meena vs Union Of India & Ors. on 22 November, 2022
Neutral Citation Number : 2022/DHC/005064
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: November 22, 2022
+ W.P.(C) 16030/2022 & CM APPL. 50007/2022 (for stay)
VINEET KUMAR MEENA ..... Petitioner
Through: Ms. Rani Chhabra, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Naginder Benipal, Sr. Panel
Counsel with Mr. Prajesh Vikram
Srivastava, GP with Mr. Ankit
Siwach and Ms. Arpita Rawat,
Advocates with Asstt. Commandant
Mr. Paramveer
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. Vide the present writ petition, the petitioner is seeking quashing of
Memorandum of unfitness dated 16.09.2022/17.09.2022 issued by
respondent Nos.3 and 4; directions to the respondents to appoint the
petitioner on the post of Constable (GD) in Central Armed Police Forces,
NIA, SSR and Rifleman (GD) in Assam Rifles Examination, 2021.
2. Notice issued.
3. Learned counsel for respondents accepts notice.
4. Learned counsel for petitioner submits that the present case is fully
Signature Not Verified
Digitally Signed
By:ROHIT KUMAR
Signing Date:23.11.2022
17:04
Neutral Citation Number : 2022/DHC/005064
covered by the judgment dated 09.11.2022 passed by this Court in W.P.(C)
15302/2022 titled as "Shubham Sharma vs. Union of India & Ors."
wherein it is held as under:
"4. Learned 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 Office
Memorandum dated 20.05.2015 issued by respondent no.2/Ministry of
Home Affairs regarding revised uniform guidelines for recruitment
medical examination.
5. 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 28.09.2022
and the Review Medical Examination dated 29.09.2022 that barring
the said tattoo, there were no other defects found in the petitioner.
6. 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 dorsum of the right hand 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."
5. Learned counsel for the respondents submits that he has no objection
if the present writ petition is also allowed in terms of what is held by this
Court hereinabove.
6. In view of above, since the case of the petitioner is fully covered by
the aforementioned judgment dated 09.11.2022, 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 dorsum of the right hand 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.
Signature Not Verified
Digitally Signed
By:ROHIT KUMAR
Signing Date:23.11.2022
17:04
Neutral Citation Number : 2022/DHC/005064
7. Pending application also stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
NOVEMBER 22, 2022/rk
Signature Not Verified
Digitally Signed
By:ROHIT KUMAR
Signing Date:23.11.2022
17:04
