20 May 2024 Constitutional & Government >> Constitution & Law Procedure  

An aspirant for the post of Assistant Commandant (Group A) in the Central Armed Police Forces (CAPF) has been granted a re-examination by the court. The Petitioner's initial disqualification stemmed from a tattoo on his right forearm, which violated the eligibility criteria.

The candidate, after successfully clearing the written exam, underwent surgery to remove the tattoo. He argued that the absence of the tattoo itself should qualify him, despite a remaining scar. The court acknowledged this point but also recognized the right of the medical board to examine the scar's condition.

However, the court found fault with the timing of the initial examination. Since the surgery was recent, the scar wouldn't have had sufficient time to heal fully. This could have influenced the board's decision to declare the petitioner unfit.

In light of these arguments, the court has ordered the formation of a new medical board to re-evaluate the petitioner's right forearm. This re-examination will determine if the scar has healed completely and leaves no traces of the tattoo.

If the new board finds the scar healed and free of tattoo residue, the Petitioner will be reconsidered for appointment, subject to vacancy availability. The court has mandated this re-examination to be completed within six weeks.

This case highlights the importance of following eligibility criteria while also offering a chance for rectification. The court's decision ensures a fair evaluation based on the candidate's current physical condition after proper healing time.