SHAIKH MOHAMMED SAJID SABIRMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner was selected for the post of Armed Police Constable after clearing all the prescribed tests which includes physical test as well as written examination on 22.01.2016. The petitioner joined as an Armed Police Constable on 04th March, 2016 and was sent for further training at Naroda S.R.P. Group-II. It is the say of the petitioner that while he was undergoing training, the field Police Inspector time and again scolded the petitioner for growing beard on his face, which the petitioner has continued to grow because of his religious belief.

(2.) Mr.M.A.Kharadi, learned advocate appearing for the petitioner has urged that the said circular allows those following Islam to keep beard on their face. What has been cited in the circular is an example that those who have gone for Haj Pilgrimage can keep the beard but,that surely should not mean that others are not entitled to. He has further urged that in the decision of the Hon'ble Supreme Court in case of Mohammed Zubair Corporal No.781467-G vs. Union of India and Ors such a request of keeping beard was considered in wake of Regulation 425 of the Armed Force Regulation where the Apex Court did not have sufficient material as is clearly indicated in paragraph No.10 of the said decision. He has urged that in present petition, the petitioner has placed sufficient material on record which would require consideration.

(3.) According to the learned Assistant Government Pleader Mr.Ronak Raval, this is not the case of discrimination but a correct interpretation of the circular. The officer concerned on the basis of the fact that the petitioner has not gone for the Haj Pilgrimage has refused the permission. He has also relied on the decision of the Apex Court in case of Mohammed Zubair Corporal No.781467-G (Supra). Police drill manual according to him, provides for shaving of the beard and all extra hairs from the face while in uniform or when on duty they should shave the hair from the face.