The Delhi High Court recently ruled that a scar left from tattoo removal cannot be used as a reason to disqualify a candidate from joining the Delhi Police.
A division bench of Justices Suresh Kumar Kait and Girish Kathpalia made this observation while upholding a Central Administrative Tribunal (CAT) decision that supported the candidacy of Deepak Yadav, who had applied for a constable position in the Delhi Police.
Yadav had previously been deemed unfit for the Delhi Police by the Staff Selection Commission (SSC) due to a faded tattoo on his right forearm, which was noted during a medical examination. The High Court observed that Yadav was undergoing a tattoo removal procedure at the time.
By the time the case reached the High Court, the division bench found that the tattoo had been replaced by a very faint scar on Yadav’s forearm. The Court noted that such scars can be natural and should not be a reason to reject Yadav’s candidacy, thus affirming the relief previously granted by the CAT.
“We have physically examined the right forearm of the respondent (Yadav) and observed that the tattoo is not even visible to the naked eye… According to us, there is no clearly visible tattoo on the respondent’s forearm. Instead, there is a very dim scar. Such scars can be natural and, therefore, candidates should not be rejected on this ground,” the bench stated.
The Court also observed that if a candidate has an objectionable tattoo, they are typically given a set timeframe to have it removed. Failure to do so may result in rejection of their candidature. In this case, the Court noted that the initial medical examination took place on January 20, followed by an examination by the Review Medical Board on January 22, 2024. During this period, Yadav was already undergoing tattoo removal surgery, which is why the tattoo appeared faded on his forearm.
