Updated: December 1, 2021 10:29:30 am
The Delhi High Court has upheld the decision of the Indo-Tibetan Border Police (ITBP) to declare a candidate unfit for a post in the force on account of a tattoo on his right arm. The candidate, who had successfully qualified for the constable (driver) post, was declared unfit during the medical examination after his name was found tattooed on his arm.
“This court is of the view that the stipulation of disqualification of tattoo on the right arm is a classification that is based on an intelligible differentia and the intelligible differentia has a rationale relation to the object sought to be achieved, namely, that the tattoo is visible while saluting,” said the division bench of Justice Manmohan and Justice Navin Chawla.
The candidate argued before the court that the tattoo mark is his own name and does not cause any prejudice to anyone. “None of the government guidelines prohibit tattoo as a medical disqualification. The conditions/requirements laid down by the respondents are also not in accordance with the norms followed by the Indian Army,” his counsel contended.
Observing that he has a tattoo on his right arm which is the saluting arm, the court said he is not eligible as per the minimum medical standard mentioned in the advertisement for the post announced by the ITBP.
“The petitioner’s reliance on the Indian Army policy is misconceived as the petitioner is seeking recruitment in the ITBP and the advertisement on the basis of which he had applied contained the disqualification in Clause 4.4(iv). Having participated in the advertisement without demur, the petitioner cannot challenge the said disqualification at this stage,” the bench said.
The post was advertised in 2018 and the candidate successfully qualified all the tests. He was called for the medical examination to Greater Noida on September 14 where the tattoo was found embossed on his right arm.
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