The Delhi High Court has recently dismissed a petition preferred by Indo-Tibetan Border Police (ITBP) candidate who has successfully qualified PET/PST (Physical Efficiency Test/ Physical Standards Test), written test and documentation and practical (skill) test for the post of constable (Driver) under OBC category, but he was subsequently declared unfit on the ground of a tattoo embossed on his right arm.
The division bench of Justice Manmohan and Justice Navin Chawla noted,
“The stipulation of disqualification of tattoo on the right arm is a classification that is based on an intelligible differentia and the intelligible differentia has a rationale relation to the object sought to be achieved, namely, that the tattoo is visible while saluting.”
However, the petitioner contended that the tattoo mark on the petitioner’s right arm is his own name and it does not cause any prejudice to anyone and the same is within the permissible limits as provided under the rules.
The court found that the petitioner was not eligible for the post of constable (Driver) under OBC category as per clause 4.4(iv) (b) of the AdvertisementNo.2/2018, which reads below:
“Minimum Medical Standard:-
(a) Content: Being a secular country, the religious sentiments of our countrymen are to be respected and thus, tattoos depicting religious symbol or figures and the name, as followed in Indian Army are to be permitted.
(b)Location: Tattoos marked on traditional sites on the body like inner aspect of forearm but only left forearm, being non saluting limb or dorsum of the hands are to be allowed.
(c)Size: Size must be less than 1⁄4 of the particular part (Elbow or Hand) of the body.”