Union Of India And Ors vs Kailash Ram Jakhar
2025 Latest Caselaw 1655 Del

Delhi High Court

Union Of India And Ors vs Kailash Ram Jakhar on 28 January, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~4
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 15225/2024, CM APPL. 63980/2024 & CM APPL.
                            63981/2024

                            UNION OF INDIA AND ORS                   .....Petitioners
                                          Through: Mr. B. Ramaswamy, CGSC
                                          with Mr. Dayal Chowdhury, Advs.

                                               versus

                            KAILASH RAM JAKHAR                      .....Respondent
                                         Through: Ms. Esha Mazumdar, Mr. Setu
                                         Niket and Ms. Unnimaya. S, Advs.
                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE AJAY DIGPAUL
                                              O R D E R (ORAL)

                  %                             28.01.2025

                  C. HARI SHANKAR, J.



                  CM APPL. 63981/2024 (Exemption)

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 15225/2024 & CM APPL. 63980/2024 (stay)

3. This is one of several matters in which the Central Administrative Tribunal has directed the candidate, who aspired to be recruited as Constable in the Delhi Police, to be examined by a Dermatologist to ascertain whether he has a tattoo on his forearm.

4. Given the innocuous nature of the direction, we have, in several similar cases1, declined to interfere, noting that the Tribunal has merely directed the respondent to be examined by a dermatologist, who would assess the respondent's functional fitness for appointment to the post of Constable in the Delhi Police in the light of Clause 13.2 of the advertisement for recruitment to the post of Constable (Executive) male and female in the Delhi Police Examination 2023. Clause 13.2 does not allow an aspirant to the post of Constable to possess any tattoo on her, or his, right forearm.

5. While, therefore, declining to interfere with the impugned order passed by the Tribunal, we deem it appropriate to direct the dermatologist, who would examine the respondent in terms of the impugned order of the learned Tribunal, to also keep in mind the observations contained in the judgment of this Court in Staff Selection Commission v Deepak Yadav2.

6. With the aforesaid observation, this petition is disposed of.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

JANUARY 28, 2025 dsn Click here to check corrigendum, if any

1SSC v Priti Bhati (2024 SCC Online Del 6735), SCC v Viraaj Singh (2024 SCC Online Del 6763) and

several other similar cases.

2 2024 SCC OnLine Del 5162