ITBP Recruitment | Punjab & Haryana High Court Upholds Rejection Of Candidature Of Man Having Tattoo On Right Forearm

The Punjab and Haryana High Court on Monday upheld the rejection of the candidature of a man against the post of Constable in the Indo-Tibetan Border Police Force (ITBP) for the reason of his having a tattoo on his right forearm.

The bench of Justice Jagmohan Bansal relied on a judgment of the Delhi High Court in the case of Vikash Kumar vs. Director General, Indo-Tibetan (2021) involving a similar issue. In that case, the HC had opined that in view of a specific stipulation of disqualification of tattoo on the right arm, the petition cannot be allowed and authorities cannot be directed to consider the claim of the petitioner.

In this instant case, the petitioner applied for the post of Constable in ITBP pursuant to an Advertisement issued in the year 2017. He cleared all the steps including the Physical Endurance Test/Physical Standard Test, however, he was declared unfit on the grounds that he had a tattoo on his right arm and as per the advertisement, a candidate cannot be selected who is having tattoo on his right arm. The petitioner (Monu) moved the High Court seeking setting aside of the two Medical Unfit Certificates declaring him unfit.

The counsel for the petitioner contended that a tattoo is a curable defect and the petitioner has got it removed by simple surgery, thus, he may not be denied selection especially when he has completed all the formalities and he is physically fit.

It was also argued that he is not suffering from any ailment, thus, it would be unfair to deny the benefit of the appointment.

On the other hand, the counsel for the respondents submitted that there was a specific condition in the advertisement [Paragraph 4.4(iv) of advertisement], thus, there is no option left with the respondent authorities.

It was also contended that the Removal of the tattoo at a later stage is no grounds because it is not possible for the respondent authorities to reconsider each and every case when in the advertisement it was specifically clarified that there should be no tattoo on the right arm.

Against the backdrop of these facts and taking note of the Delhi High Court's Judgment in the case of Vikash Kumar, the Court dismissed his plea and upheld the rejection of his candidature. 

Significantly, in similar matters, the Allahabad High Court has taken a different view and has directed the recruiting authorities to consider the candidature of candidates if their tattoos are removed.

For instance, in May this year, the HC directed the Centre to consider the candidature of a person who sat for the 2018 BSF Head Constable (Radio Operator) exam, if the candidate removes the tattoo.

The Court directed the Centre that if the petitioner/candidate removes the tattoo in question, then that particular disability may not be considered as an obstacle for selection on the ministerial posts for which he had applied.

Read more about the case here: "Consider Candidature If Religious Tattoo Is Removed": Allahabad HC To UOI, Grants Relief To BSF Head Constable (RO) Candidate

Case title - Monu vs. Union of India and Others [CWP-23003-2021]

Case Citation: 

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