In a recent judgment, the Delhi High Court addressed the matter of a tattoo removal case, involving a dispute between the Review Medical Board and the petitioner. The ruling aims to ensure fairness and uphold natural justice in the re-examination process. This decision could have far-reaching implications on similar cases in the future. Stay informed about the latest developments in this crucial legal battle.
Arguments
- The petitioner underwent a surgery for tattoo removal on December 8, 2023.
- Despite clearing the written examination on December 19, 2023, he was found unfit during the Medical Standard Test (MST) due to a tattoo mark.
- He underwent another tattoo removal surgery on December 27, 2023, and applied for a Review Medical Examination (RME).
- The RME on December 28, 2023, declared him unfit due to an unhealed scar on his forearm.
- The petitioner seeks a fresh review medical examination board for a reevaluation of his fitness.
- His counsel argues that the removal of the tattoo is complete as of April 20, 2024, with no residue visible.
- The respondents argue that the advertisement and examination notice clearly state the eligibility conditions for admission into the Force.
- According to the advertisement, tattoos on specific traditional sites of the body, like the inner aspect of the LEFT forearm, are allowed.
- The respondents state that since the petitioner’s tattoo was on the front side of the right forearm, it does not meet the eligibility criteria specified in the advertisement.
- They emphasize that the medical position should be determined at the time of the medical examination, not four months later as requested by the petitioner.
- Based on these arguments, the respondents believe the petitioner’s case was rightly rejected by the Medical Board / Review Medical Board.
Analysis
- The petitioner had a tattoo on the right forearm which was removed after clearing the written examination.
- The Tattoo Clause stipulates that tattoos on the left forearm or dorsum of the hands are allowed, which technically the petitioner now meets.
- The Review Medical Board should have allowed sufficient time for the scar to heal before assessing fitness based on the tattoo removal surgery.
- An opinion from a skin specialist indicated that the scar may have healed, suggesting the petitioner now meets the tattoo clause requirements.
- The Court has jurisdiction under Article 226 to order a re-examination of the petitioner’s right forearm by a new Medical Board.
- The purpose of the re-examination is to determine if the scar from the tattoo removal is healed and healthy or if there is any residue of the tattoo remaining.
- The re-examination is necessary to ensure a fair assessment of the petitioner’s condition.
- The re-examination is in the interest of justice and to uphold the principles of natural justice.
Decision
- The process of re-examination will be completed within six weeks from today.
- Further action will be taken promptly after re-examination.
- If re-examination is not completed within the specified time frame, the matter will be considered final against the petitioner.
- No costs are awarded.
- If the Medical Board favors the petitioner, further steps will be taken for the appointment as Assistant Commandant.
Case Title: AKSHAY CHOUDHARY Vs. UNION OF INDIA MINISTRY OF HOME AFFAIRS & ORS. (2024:DHC:4080-DB)
Case Number: W.P.(C)-5602/2024
