Man Mohan Soren vs The Union Of India Through Regional ... on 27 August, 2015

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Jharkhand High Court

Man Mohan Soren vs The Union Of India Through Regional ... on 27 August, 2015

Petitioner on being found successful in the physical efficiency test / physical standard test for appointment to the post of Constable(GD) in the Central Armed Police Force pursuant to the recruitment exercise held by the Staff Selection Commission in the year 2013 was called for the written examination, which he also succeeded. In the medical examination held there after before the Chief Medical Officer, Ranchi, he was declared unfit for the reason " One triangular tatoo mark about 9cm height and 5 cm base on outer aspect of right upper arm ", Annexure-3, letter dated 25.1.2014. He was also informed that he can prefer an appeal against the findings of the medical examination within stipulated period. Petitioner, accordingly preferred such appeal in the prescribed format within a period of 15 days. Petitioner, in the meantime also got himself admitted in Rajendra Institute of Medical Science(RIMS), Ranchi for removal of the tatoo through surgical process on 28.1.2014. He underwent local excision of tatoo by the Surgeon at RIMS and was discharged on 29.1.2014 vide Annexure-4. In the Review Medical Board held thereafter on 18.3.2014 (Annexure-7) as per the communication dated 18.2.2014(Annexure-6), the Review Medical Board found scar mark on the upper right aspect of the arm and -2- non healing ulcer. The Medical Board opined him as medically unfit due to non healing ulcer right lateral upper arm, size 7 cm x 3 cm with chances of hypertrophic scar / keloid formation". Petitioner being aggrieved thereafter has approached this Court in the present writ application for quashing the first Medical Report as well as the Review Medical Report, which rejected his candidature on the ground of medical unfitness.

Learned counsel for the petitioner in support of his prayer submits that the respondents have themselves enclosed the document / annexure on the subject of tatoo on various part of the body for recruitment in Central Armed Police Force and Assam Rifle, which if properly applied to the case of the petitioner, would not render him medically unfit. It is submitted that he has been declared unfit on the first occasion on account of tatoo mark, which was said to be 9 cm x 5 cm on outer aspect of right upper arm. However on surgical incision of tatoo at RIMS, Ranchi, the Review Medical Board found scar which was in the process of healing having sign of 7cm x 3 cm. Such ground for rejection is wholly improper in the eye of law. The respondents should not deny appointment to the petitioner on that ground as otherwise he was fully qualified and successful in the recruitment test.

Learned A.S.G.I appearing on behalf of respondent- Union of India submits that a small engraving tatoo having less than 2.5 cm square in size on the inner face of the arms or hands are permissible for enrollment but the tatoo of the petitioner was of larger size on his right upper arm. It is submitted that the circular applicable in the respondent- Force as issued by the Ministry of Home Affairs, prescribes that if a totoo mark or scar are of such nature which may lead to hindrance in movement -3- and physical performance, then the case of such candidate may be declared as medically unfit. Therefore, the respondents have after the Review Medical Board declared him medically unfit as the scar was not healing and there was a chance of hypertrophic scar / keloid formation.

I have considered the relevant facts pleaded and the submission of the parties. One aspect which is to be taken note of is that a small engraving / tatoo on the inner face of the upper arm and hand is permitted for enrollment. As per the circular enclosed to the counter affidavit issued by the Ministry of Home Affairs, candidates having permanent tatoo on any other part of the body would be debarred for recruitment in CAPFs & AR. In the case of the petitioner, though at the first instance there was tatoo mark sign of 9 cm x 5cm but after preferring an appeal, petitioner got the tatoo removed through surgical incision at RIMS which perhaps had not healed by the time the Review Medical Board held on 18.3.2014. The tatoo might have gone, but the scar might not have healed on the date of examination by the Review Medical Board. However, if the tatoo has been removed and scar have also healed in due course of time as it happens in cases of surgery of such wounds and it does not cause restriction in movement and hindrance in physical performance, then there is no reason why the respondents should not reconsider the case of the petitioner through Review Medical Board again for taking a decision in respect of his fitness for his appointment as Constable(GD) under Central Armed Police Force and Assam Rifle.

Having given anxious thought to the aforesaid subject in the light of the relevant circulars on the point applicable in the Central Armed Police Forces and Assam Rifle, it appears that -4- reconsideration of the case of the petitioner would be proper in the eye of law by the respondents. Accordingly, direction is issued to the respondent no.2, the Deputy Inspector General(GC) CRPF, Dhurwa, Ranchi to reconsider the case of the petitioner after placing it before the Review Medical Board constituted for such purpose. Let such consideration be made within a period of 10 weeks from the date of receipt of the copy of this order. Needless to say that if the petitioner is found fit by the Review Medical Board, respondents would consider the grant of appointment to the petitioner in accordance with law within a reasonable time, thereafter.

The writ petition is disposed of accordingly.

(Aparesh Kumar Singh, J.) A. Mohanty

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Jharkhand High Court