Tattooed and Unfit? Court's Decision Paves the Way for Recruitment Fairness in Delhi Police.
24 July 2024
Constitutional & Government >> Constitution & Law Procedure | Employee Related >> Corporate Law
In a significant ruling of Staff Selection Commission & Others v/s Deepak Yadav, the Delhi High Court has addressed the contentious issue of medical fitness criteria regarding tattoos in the recruitment process for the Delhi Police. The decision came after a writ petition was filed to challenge a Central Administrative Tribunal's order that deemed a candidate unfit due to a "faded tattoo" on his forearm.
Background of the Case:
The controversy originated from the recruitment notification for the position of Constable (Exe) Male in the Delhi Police, which was issued on September 1, 2023. The process included a Computer Based Examination (CBE), followed by a Physical Endurance and Measurement Test (PE&MT). Candidates who passed these stages were subjected to a Detailed Medical Examination (DME) and a Review Medical Examination (RME).
The petitioner, who was declared unfit on the basis of a "faded but visible tattoo," contested this decision, arguing that he had been undergoing tattoo removal surgery at the time of the examinations and therefore did not have a fair chance to present his case before the Review Medical Board.
Court’s Observations:
Upon reviewing the facts, the court noted that the respondent's tattoo was not visible and only a faint scar remained. The judges also emphasized that the current medical standards do not constitute an absolute prohibition against tattoos, acknowledging that the existence of a tattoo should not automatically disqualify a candidate unless it impairs good order and discipline.
In a parallel case, the High Court of Rajasthan had previously ruled that a tattoo mark could only serve as grounds for disqualification if it was clearly visible and objectionable. This precedent supported the court's conclusion that mere scars should not disqualify a candidate from serving in the police force.
The Verdict:
The High Court ultimately dismissed the petition filed by the Delhi Police, highlighting the need for fairness in the recruitment process. The court directed that the respondent be allowed to join the second batch of training scheduled to begin on July 1, 2024, underscoring a commitment to inclusivity and fair treatment in recruitment policies.
This ruling not only sets a precedent for how tattoo-related disqualifications are handled in the future but also reinforces the principle that candidates should be evaluated based on their overall fitness rather than solely on physical appearances. The case underscores the evolving standards of recruitment and the importance of fairness in the selection process for law enforcement agencies.