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High CourtsSingle Bench(2023) 12 P&H CK 0032

Kushal Singh vs Union Of India And Others

Punjab And Haryana At Chandigarh · Decided on 5 December 2023

HON’BLE JUDGES
Jagmohan Bansal, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 27328 Of 2023

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Judgment

13 paragraphs · 389 words

Jagmohan Bansal , J

1.

The petitioner, through instant petition under Articles 226/227 of the Constitution of India, is seeking setting aside of order dated 22.11.2023 (Annexure P-6) whereby he has been declared medically unfit on the ground of tattoo on his right forearm.

2.

The petitioner pursuant to Advertisement No.13/2022 applied for the post of Constable Tradesmen in Indo-Tibetan Border Police Force (I.T.B.P.). The petitioner was subjected to medical examination wherein he was rejected on the ground of tattoo on his right forearm. The petitioner applied for Review Medical Board wherein he was again rejected on the ground of tattoo on his right forearm.

3.

Learned counsel for the petitioner submits that the petitioner was not granted sufficient time to get removed tattoo otherwise he would have got removed. After removal of tattoo, there are always scars, however, these are curable.

4.

Learned counsel for the respondent-UOI, who on advance notice is present in Court, submits that the case of the petitioner is squarely covered by order dated 21.08.2023 passed by this Court in CWP-23003- 2021 titled as “Monu vs. Union of India and others”.

5.

I have heard the arguments of learned counsels for the parties and have perused the record with their able assistance.

6.

Paragraph 4.5(v) of the advertisement which is edifice of the present petition reads as:-

“(v) Tattoos: -

(a) Content: Being a secular country, the religious sentiments of our countrymen are to be respected and thus, tattoos depicting religious symbol or figures and the name, as followed in Indian Army are to be permitted.

(b) Location: Tattoos marked on traditional sites of the body like inner aspect of forearm but only left forearm, being non saluting limb or dorsum of the hands are to be allowed.

(c) Size: Size must be less than ¼ of the particular part (Elbow or Hand) of the body.”

7.

In the case in hand, the petitioner was admittedly having tattoo on his right forearm and as per afore-stated paragraph of the advertisement, the candidate is ineligible who is having tattoo on his right forearm. The case of the petitioner is squarely covered by order dated 21.08.2023 passed by this Court in Monu's case (supra).

8.

In the wake of order dated 21.08.2023 passed by this Court, the present petition deserves to be dismissed and accordingly dismissed.