GAURAV CHAUDHARY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner joined the respondents No.1 to 3 Border Security Force (BSF) as a Constable on 23rd November, 2012 and appeared in the Limited Departmental Competitive Examination (LDCE) of the year 2018- 2019 for promotion to the post of Sub-Inspector. Though the petitioner passed and cleared the said examination, but on 13th December, 2019 was declared unfit by the Medical Officer, on the ground of having a tattoo on his right arm. It is the case of the petitioner, that he got the said tattoo removed and applied for Review Medial Board but the Review Medial Board has also declared him unfit, for the reason of having a scar mark at the place where the tattoo earlier existed and has been obliterated. Aggrieved therefrom, this petition is filed.

(2.) The petition came up before this Court on 16th July, 2020, when notice thereof was ordered to be issued for 30th July, 2020 and the presence of a responsible officer of the respondents BSF in a position to answer the queries of this Court with reference to the Rules pertaining to BSF, was also directed.

(3.) On 30th July, 2020, the counter affidavit stated to have been filed by the respondents BSF was not on record and the hearing was accordingly adjourned to 6th August, 2020.