Facts
The applicant, a candidate for Constable (Executive) in Delhi Police under the advertisement dated 01.09.2023, was declared medically unfit in the Detailed Medical Examination (DME) for hypertension and a tattoo on his right forearm, and in the Re-medical Examination (RME) solely for the tattoo.
Source reference: paras. 1–2He had undergone laser treatment to remove it. Although his name appeared on the Reserve Panel, he was not included in the notice for document verification.
Source reference: paras. 1–2He sought examination of his current medical and functional fitness by a Dermatologist, relying on prior Tribunal and High Court decisions directing such examinations in similar cases.
Source reference: paras. 1–2The respondents opposed reconsideration, relying on the RME decision and the prescribed medical standards.
Source reference: para. 3Issues
Whether the applicant should be re-medically examined by a duly constituted Medical Board including a Dermatologist to determine his present medical and functional fitness, despite the earlier RME finding of unfitness for a tattoo.
Source reference: paras. 8–10Whether the respondents’ reliance on the finality of the RME and the prescribed medical standards precluded such an examination.
Source reference: paras. 8–9Law Applied
Under Clause 13.2 of the relevant advertisement, the candidate’s fitness was to be assessed against the prescribed standard.
Source reference: para. 5In Deepak Yadav v. Staff Selection Commission & Ors., OA No. 597/2024, the Tribunal directed re-medical examination by a duly constituted Medical Board including a Dermatologist, to assess whether candidates with tattoos were functionally fit under Clause 13.2.
Source reference: para. 5The Delhi High Court declined to interfere with that direction in Staff Selection Commission & Ors. v. Sonu, W.P.(C) No. 13610/2024, and upheld its application in Staff Selection Commission & Ors. v. Sanjay Kumar, W.P.(C) No. 17889/2024; the latter decision also referred to the observations in Staff Selection Commission v. Deepak Yadav concerning visual assessment of the tattoo.
Source reference: paras. 6–7These authorities establish that an earlier RME finding does not bar a further examination by a Medical Board including a Dermatologist in such circumstances.
Source reference: paras. 8–9Reasoning
The Tribunal treated the issue as materially identical to those addressed in Deepak Yadav, Sonu and Sanjay Kumar.
Source reference: paras. 8–10It distinguished the question of whether a forearm tattoo was permissible under the medical standard—which was not disputed—from whether the applicant’s present condition should be assessed by a Dermatologist under Clause 13.2.
Source reference: paras. 8–10Because the cited decisions upheld that examination process, the earlier RME and its asserted finality did not justify refusing the applicant a re-medical examination.
Source reference: paras. 8–10Holding
The Tribunal disposed of the OA and directed the respondents to arrange a re-medical examination by a duly constituted Medical Board including a Dermatologist.
The Dermatologist must assess, in light of Clause 13.2, whether the applicant is functionally fit for appointment as Constable (Executive) in Delhi Police.
Source reference: paras. 11–13The examination is to be completed within 12 weeks of receipt of a certified copy of the order, after which the decision must be communicated to the applicant; if found fit, further action is to be taken in accordance with law.
Source reference: paras. 11–13No order as to costs.
Source reference: paras. 11–13Original Court PDF
ManjeetvsHOME AFFAIRS
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![A candidate rejected for a tattoo must receive re-examination by a medical board including a dermatologist.. Manjeet vs HOME AFFAIRS. CAT - ['Delhi']. LawLens](/stories/thumbnails/a-candidate-rejected-for-a-tattoo-must-receive-re-examination-by-a-medical-board-including-c060dc4c44a9412093436512e8f6dad2.webp)