The Division Bench comprising Justice Suresh Kumar Kait and Mini Pushkarna considering the fact that the tattoo has been removed, directed the respondents to constitute a medical board and get her examined afresh.
” Accordingly, in the interest of justice, we hereby direct the respondents to examine the petitioner afresh before the freshly constituted Medical Board of the respondents within four weeks from today and if the petitioner is found fit by the said Medical Board, she shall be allowed to join further selection process,” the High court ordered on May 16.
However, it is made clear, as agreed by learned counsel for the petitioner, that if the petitioner is found unfit, the said decision shall be final and binding, the division bench clarified in the judgment.
The petitioner Davinder Kaur moved a petition seeking the quashing of the memorandum of unfit of January 23, 2023 (Detailed Medical Examination) and the quashing of the memorandum of unfit of January 25, 2023 (Review Medical Examine) as she was declared unfit on account of having a tattoo on her right forearm.
Further sought a direction for re-conducting of RME of petitioner and consider her candidature for the post of Head Constable/GD in the category of weightlifting (59 KG) afresh.
The case of the petitioner is that she participated in the post of Head Constable/GD through sports quota and for the said purpose, a Detailed Medical Examination was conducted on January 23, 2023, whereby she was declared unfit due to the tattoo on her right arm.
Thereafter, on January 25, 2023, Review Medical Examination was conducted and the petitioner was again declared unfit on account of the tattoo with a scar over the right forearm and hand, the petitioner submitted.
Advocate K K Sharma submitted that the tattoo on the arms and hands
have already been removed and she should be given an opportunity to
participate in the examination.
Similar issues have already been decided by this Court in “Vineet Kumar Meena vs. Union of India & Ors.” and “Shubham Sharma vs. Union of India & Ors.” wherein this Court gave liberty to the petitioners therein to appear before freshly constituted Medical Board of the respondents. (ANI)