Central Administrative Tribunal - Delhi
Sandeep Kumar vs Delhi Police on 3 September, 2025
1
Item No.09/ C-IV O.A. No.3353/2025
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.3353/2025
This the 03rd day of September, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Sandeep Kumar, Age-24 years, S/o Sh. Shiv
Dutt R/o- Village-Vikrampur, PO-Vikrampur,
Thana & Tehsil-Bah, District-Agra (UP)
Group -'C' (Constable-Exe-Male) Sub:
Appointment
...Applicant
(By Advocate: Mr. Rajesh Kumar Chauhan)
Versus
1. Delhi Police Through its Commissioner of
Police Police Headquarters, Jai Singh Road,
Behind Parliament Street Police Station, New
Delhi
2. The Additional Commissioner of Police,
Recruitment: Delhi New Police Lines, Kingsway
Camp, Delhi-110009
...Respondent
(By Advocate : Ms. Deepa Rai)
2
Item No.09/ C-IV O.A. No.3353/2025
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J) In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:-
"i) To set aside the medical report dated 20.1.2024 (copy never supplied, thus not annexed), Review Medical examination report dated 21.1.2024 whereby the applicant was declared medically 'unfit' and Order dated
2.7.2025 and to further direct the respondents that the applicant be subjected to medical examination by 'Dermatologist' (who would examine the candidate does or does not possess a tattoo on the right forearm) and if found fit then to appoint the applicant to the post of Constable(Exe) Male in present selection process with all consequential benefits including seniority & promotion and pay & allowances.
ii) To direct the respondent to extend the benefit of judgment of Hon'ble High Court in case of WPC NO. 10084/2024(Delhi Police Vs Deepak Yadav) decided on 24.7.2024, WPC No. 14300/2024 (SSC Vs Km Lalita) decided on 9.10.2024, WPC No.16346/2024 (SSC Vs Rohit Yadav) decided on 25.11.2024 Upendra Singh (WPC No. 16304/2024) decided on 26.11.2024 to applicant and if found fit then to give the appointment to the post of Constable(Exe) in Delhi Police with all consequential benefits including seniority & promotion and pay & allowance.
And/or
iii) Any other relief which this Hon'ble Court deems fit and proper may also awarded to the applicant."
2. At the outset, learned counsel for the applicant submits that the matter may be disposed of at the admission stage itself in terms of the decisions rendered by the Hon'ble High Court in the following 3 Item No.09/ C-IV O.A. No.3353/2025 cases concerning identical issues relating to tattoo removal:
(i) Delhi Police vs. Deepak Yadav, W.P.(C) No.10084/2024, decided on 24.07.2024;
(ii) SSC vs. Km Lalita, W.P.(C) No. 14300/2024, decided on 09.10.2024;
(iii) SSC vs. Rohit Yadav, W.P.(C) No. 16346/2024, decided on 25.11.2024;
(iv) SSC vs. Upendra Singh, W.P.(C) No. 16304/2024, decided on 26.11.2024;
(v) SSC vs. Sonika, W.P.(C) No. 15779/2024;
(vi) SSC vs. Sachin, W.P.(C) No. 15108/2024;
(vii) SSC vs. Shivam, W.P.(C) No. 14385/2024; and
(viii) SSC vs. Rockey Kumar, W.P.(C) No. 16350/2024.
3. Learned counsel for the applicant submits that in all the above cases, the Hon'ble High Court has considered the issue of tattoos which had been subsequently removed and passed appropriate directions in favour of the candidates.
4. On the other hand, Ms. Deepa Rai, learned counsel who appears on advance service, submits that 4 Item No.09/ C-IV O.A. No.3353/2025 the medical report of the applicant is dated 20.01.2024 and no representation has been submitted by the applicant before the respondents. She further points out that at the initial medical examination, it is not disputed that there was a tattoo on the body of the applicant.
5. We find that the issue of tattoo has already been addressed in a catena of judgments. The record shows that the applicant made a detailed representation dated 10.12.2024 to the respondents, requesting re- examination and seeking benefit of judgments of the Hon'ble High Court in cases of similarly situated candidates who had been declared medically unfit on the ground of tattoo. In those cases, the Tribunal directed the respondents to conduct re-medical examinations, which directions were affirmed by the Hon'ble High Court, and the respondents have complied with those directions.
6. The details of the judgments relied upon include:
(a) Delhi Police vs. Deepak Yadav, W.P.(C) No. 10084/2024, decided on 24.07.2024;
(b) SSC vs. Km Lalita, W.P.(C) No. 14300/2024, decided on 09.10.2024;5
Item No.09/ C-IV O.A. No.3353/2025
(c) SSC vs. Rohit Yadav, W.P.(C) No. 16346/2024, decided on 25.11.2024;
(d) SSC vs. Upendra Singh, W.P.(C) No. 16304/2024, decided on 26.11.2024;
(e) SSC vs. Sonika, W.P.(C) No. 15779/2024;
(f) SSC vs. Sachin, W.P.(C) No. 15108/2024;
(g) SSC vs. Shivam, W.P.(C) No. 14385/2024; and
(h) SSC vs. Rockey Kumar, W.P.(C) No. 16350/2024.
Learned counsel for the applicant has also made a statements at Bar, that the aforesaid judgments have been implemented by the Department of Delhi Police.
7. Learned counsel for the applicant also points out that the present O.A. has been filed pursuant to directions issued in the first round of litigation in O.A. No. 1851/2025 dated 28.07.2022 by a co-ordinate Bench of this Tribunal.
8. Having heard learned counsel for the parties and perused the catena of judgments relied upon, we find that the present O.A. is squarely covered by the decisions of the Hon'ble High Court of Delhi in the 6 Item No.09/ C-IV O.A. No.3353/2025 aforesaid matters. Judicial discipline and settled jurisprudence require that we cannot deviate from those observations and directions.
9. Accordingly, the present O.A. is disposed of in terms of the decision rendered in Delhi Police vs. Deepak Yadav, W.P.(C) No. 10084/2024, decided on 24.07.2024 by the Hon'ble High Court of Delhi.
10. The O.A. is disposed of in the aforesaid terms, without going into the merits, at the admission stage itself. Pending M.As., if any, shall also stand disposed of.
11. No order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/sm/