MRIDUL BAISHYA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Mr. N.N. Jha, the learned counsel for the writ petitioner and Ms. B. Sarma, the learned CGC appearing for all the respondents.

(2.) By filing this writ petition, the petitioner has challenged the rejection of his candidature for the post of Constable (Driver) under the Central Industrial Security Force (CISF) on being declared unfit for having a tattoo in his right forearm. The petitioner responded to the advertisement issued by the competent authority for the post in question and on making such application, he was called for participating in the recruitment process by placing him at serial No.246 in the call letter. However, when the petitioner was medically examined, a tattoo was found on his right forearm and for this reason, he was rejected and declared medically unfit.

(3.) Being aggrieved, the petitioner sought for a review of his medical examination. The petitioner got himself examined by an Assistant Professor in the Department of Surgery, MMCH Hospital, Guwahati. On such examination, he gave an opinion that the tattoo on the petitioner's right forearm was temporary and can be removed with laser treatment. With the said opinion, the petitioner faced the Medical Review Board. The Medical Review Board however referred him to an empanelled hospital of the CISF i.e., Apollo VSR Hospital. The Doctor concerned on examining him came to a finding that the petitioner had undergone two sessions of laser treatment for removal of his tattoo but the same was still visible. It was further opined that a few more laser treatment would be required to completely remove the tattoo.