Gujarat HC Directs Staff Selection Commission To Keep 1 Seat Vacant For Man Denied Constable Post Due To Tattoo Removal Scar On Saluting Arm
Lovina B Thakkar
18 Dec 2024 2:30 PM IST
While hearing a man's plea who was disqualified from the Constable's post despite clearing the exam on account of scars left on his saluting arm after tattoo removal, the Gujarat High Court permitted as interim relief one seat to be kept vacant pending the final disposal of the petition.
The petitioner claimed that that he had a Tattoo on his right arm prior to the recruitment process started. As per the rules of recruitment, as such Tattoos are not permitted on the saluting arm, he got the same removed. However scars remained on the arm which was considered for disqualification of the petitioner to be appointed on the post of constable even though he cleared the exam on merits.
Issuing notice to the Staff Selection Commission and the Union of India Justice Nirzar Desai in his December 17 order said, “Considering the above, as the petitioner has already taken the corrective measures and even before the appointment order could be issued, the petitioner got his Tattoo removed, however, whether the scar would last on the body or not is something which would not be under the control of the petitioner and, therefore, considering the intentions of the petitioner, the petitioner's case is considered for grant of interim relief.”
The court thereafter went on to grant the interim relief sought by the petitioner which states during the pendency of the petition, the court be pleased to direct respondent to keep one seat vacant from the recruitment process till the outcome of the petition.
The plea claims that the man applied for the post and had successfully cleared the written exam on March 6 and subsequently cleared the physical standard test the physical efficiency test for the post of constable on October 29. When he was called for a medical examination on October 30 he underwent a blood and urine test at SMS Hospital and was later called for a medical exam on November 1. He claimed that at the medical exam he was declared unfit on three counts. He then filed for a review and review medical board reduced the grounds of being declared unfit to one i.e. on account of tattoo on the right arm".
The matter is next kept on February 10, 2025.
Case Title: Damor Kishor Kumar Naranbhai vs Staff Selection Commission & Anr.
