Delhi HC comes to rescue of aspiring cop rejected over tattoo, opens doors for others

A resident of Baghpat in Uttar Pradesh, the 20-year-old cleared the computer-based exam in December 2023. Only two hurdles remained now — the medical exam, which includes a physical fitness test, on January 20, 2024, and the removal of his mother’s name that was tattooed on his right forearm as a child.

To avoid getting rejected during the physical fitness test — since tattoos on the saluting forearm are not permitted — Yadav got his removed by undergoing a laser tattoo removal surgery. On January 20, the date of his medical examination, he checked all of the boxes under the criteria of physical fitness. Things were looking up, that is, until the examiners took one look at his right forearm and declared him unfit on account of a “faded tattoo”.

Undeterred, he sought a review medical examination. By Yadav’s calculations, he had around two weeks before the review medical examination, giving him enough time to undergo four to five more sessions to permanently erase the remnants of the tattoo. However, instead of two weeks, his review medical examination was scheduled two days later — on January 22, 2024. The SSC’s review medical board too declared him “unfit”.

A resolute Yadav, who was in the process of getting his tattoo removed and not in the mood to give up, decided to appeal against his second rejection. What followed was five months of rounds in various courtrooms.

Yadav first moved the Principal Bench of the Central Administrative Tribunal (CAT) in February, challenging the SSC’s decision. In April 2024, the CAT ruled in his favour, saying that “there is no bar for reconsideration of case of the applicant(s) who have tattoos for second medical re-examination”. Citing multiple sources, the CAT expounded on the tradition of tattoo culture among various indigenous tribes in India. The tribunal further directed the SSC to conduct a medical examination to decide if Yadav was fit to be appointed as a constable.

The SSC challenged this order before the Delhi High Court, seeking that it be quashed and set aside. After personally inspecting Yadav’s right forearm and looking at his faded tattoo scar, a Division Bench of Justice Suresh Kait and Justice Girish Kathpalia on July 24 held that a candidate cannot be rejected on such grounds. Directing the SSC and the Delhi Police to allow Yadav to belatedly join within a week the second batch for training that had commenced on July 1, the High Court stressed that “opportunity is always granted to such (a) candidate to get it removed within a time bound manner”.

The High Court ruling added, “When any candidate has a tattoo on his/her forearm and is entering the selection process of any force including Delhi Police, and if that tattoo is objectionable to the petitioners herein, then an opportunity is always granted to such candidate to get it removed in a time-bound manner. If he or she still does not get it removed, his or her candidature is liable to be rejected.”

The Delhi High Court noted that even before the medical board and the review medical board held its exam in a span of two days in January 2024, Yadav was already undergoing laser surgery for tattoo removal and did not get an opportunity to appear before the review board after the procedure was completed.

Sources told The Indian Express that Yadav’s case has come as a bright spot for nearly 40 other similarly situated candidates. Having appeared for the posts of male and female constables (executive) in the 2023 Delhi Police recruitment examination, these candidates were not considered because of similarly impermissible tattoos despite subsequently removing them or being ready to remove them.

The verdict may also lead the SSC to constitute a medical board to review candidates rejected based on tattoos. According to rules, persons with certain tattoos who wish to apply for a post in the Delhi Police may have to get them removed. When the SSC issued the advertisement for recruitments in the Delhi Police on September 1, 2023, it included the criteria under medical standards. Clause 13.2 specified the conditions under which tattoos on various body parts are permissible — as well as their content, location and size. Tattoos on the saluting forearm are not permitted.

The High Court’s verdict in the case is not a first when it comes to ruling in favour of such aspirants. In November 2022, a Justice Kait-led Division Bench granted people appearing for the post of constable in the Central Armed Police Forces Examination, National Investigation Agency, Secretariat Security Force (SSF), and Rifleman (General Duty) in Assam Rifles Examination, 2021, the liberty to appear before a medical board after removing the tattoos from their saluting forearms.