Tattoo removal scar not ground to prevent candidate from joining Delhi police: Delhi High Court

The Delhi High Court recently observed that a scar left behind after tattoo removal cannot be a ground to prevent a candidate from joining the Delhi Police [SSC and ors v. Deepak Yadav]..A Bench of Justices Suresh Kumar Kait and Girish Kathpalia made the observation while upholding a Central Administrative Tribunal (CAT) decision to uphold the candidature of one, Deepak Yadav who had applied for a constable post in the Delhi Police.Yadav had earlier been declared unfit to join the Delhi Police by the Staff Selection Commission (SSC) citing a faded tattoo noticed on his right forearm during a medical examination.The High Court observed that the candidate, at the time, had begun undergoing a tattoo removal procedure.By the time the matter reached the High Court, the Bench found that in place of the tattoo, there was now a very dim scar visible on the candidate's forearm.Sometimes, such types of scars are natural and cannot be ground to cancel Yadav's candidature, the Court added while upholding the relief earlier extended to him by the CAT."We have physically seen the right forearm of the respondent (Yadav) and from the naked eye, the tattoo is not even visible ... According to us, there is no clear visible tattoo on the forearm of the respondent. However, in place of the tattoo there is visible very dim scar. Sometimes such types of scars are natural and therefore, the candidates cannot be rejected on that ground," the Court said.Presently, the candidate does not have a visible tattoo on his right forearm and is otherwise eligible in all aspects, the Court further observed..The Court also noted that if a candidate has an objectionable tattoo, they are usually allowed to have it removed within a set timeframe. If they fail to do so, their candidature may be rejected, the Court observed.In this case, the Court noted that the first medical exam was on January 20, followed by an exam by the Review Medical Board on January 22, 2024. During this period, Yadav was already undergoing surgery for tattoo removal, which is why the tattoo appeared faded on his forearm, the Court found."Therefore, the respondent (Yadav) had no opportunity to atleast appear before the Review Medical Board after getting the procedure complete for tattoo removal done," the Court further observed.It proceeded to grant the candidate relief after noting that only a scar now remained on his forearm. "It is also not the case that all the vacancies are already filled up ... Accordingly, the petitioners are directed to allow the respondent to join the second batch for training within a week," the Court directed..Advocates Apoorv Kurup, Gurjas Narula and Aanchal Dubey represented the petitioners who had challenged the CAT order (SSC and others).The respondent-candidate was represented by advocates Esha Mazumdar, Setu Niket, Unni Mayas, Ishan Singh and Chetna..[Read Order]