SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for the following prayers:

(2.) In response to an Advertisement Notice dtd. 24/1/2015 issued by the respondents, the petitioner applied for the post of Constable GD in Border Security Force ['BSF'] under OBC Category and cleared all the examinations. He was, thereafter, called for Medical Examination on 30/5/2016. However, during the course of medical examination, he was declared medically unfit as some tattoo marks were found present on his right and left arms. After the petitioner was declared medically unfit, he was informed that in case he intends to file an appeal against the finding of the medical examination declaring him medically unfit for the post, he shall have to apply for review medical examination after obtaining necessary medical certificate from any Civil Medical practitioner within a period of 15 days. Faced, thus, the petitioner got the tattoos removed and, accordingly, obtained a certificate dtd. 6/6/2016 from Dr. Rajesh Sharma, Lecturer Department of Dermatology. After obtaining the aforesaid certificate, the petitioner filed an appeal against the findings of medical examination dtd. 30/5/2016 annexing therewith the aforesaid medical certificate dtd. 6/6/2016 (supra). The appeal was considered by the Competent Authority and, accordingly, the petitioner was called for Review Medical Examination, however, he was again declared unfit on the ground that there were scar marks of size 06 cm on his right upper arm and 02 cms on dorsal side of his right hand.

(3.) The impugned action of the respondents has been challenged by the petitioner on the grounds that the tattoos found on the arms of the petitioner had no affect on the working of a Constable GD in BSF; that the tattoo marks were made from ink which were successfully removed; that the Doctors who examined the petitioner in the Review Medical Examination were not specialists in the field of Dermatology; that the Review Medical Board has not considered the certificate issued by the Dr. Rajesh Sharma, Lecturer Department of Dermatology, Government Medical College, SMGS Hospital, Jammu, an expert in the field.