Relief for man disqualified first for having tatoo, then for surgery scar after he got it removed

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The Central Administrative Tribunal (CAT) has granted relief to a CISF aspirant who was declared "medically unfit" twice for having a tattoo on his forearm and later due to post-surgery scar for removing the ink.

A bench of judicial member S N Terdal and administrative member K N Shrivastava directed the Staff Selection Commission (SSC) to re-conduct a medical examination of the applicant within two months, and if his wound would have healed completely, he shall be appointed to the post in Central Industrial Security Force (CISF) within four weeks, thereafter.

The tribunal said that a tattoo over a body is not a medical condition and is not required to be considered for medical examination purposes.

The bench said it was "aghast" to note that the Review Medical Board declared the man medically unfit on the grounds of having a scar due to a post-surgery for removing the tattoo on his forearm.

"None of the government guidelines prohibits 'tattoo' as a medical disqualification," the bench said.

Jagbir, a Haryana resident, had applied for the recruitment to 'Delhi Police, Central Armed Police Forces (CAPFs) and Assistant Sub Inspector in CISF Examination' in 2016. The selection process comprised of three parts, Preliminary Examination, Written Examination and Physical Endurance Test (PET). The applicant cleared both the examinations and was later subjected to PET, which he qualified.

However, when he was made to undergo medical examination, he was declared unfit on account of a tattoo on his left forearm.

He requested for a review of his medical examination and underwent a surgery for removal of the tattoo.

The applicant who was re-examined by the Review Medical Board in 2017 declared him medically unfit due to "large scar on the forearm 8x7 cm, freshly operated - not healed completely".

The tribunal also referred to one of its earlier judgments in which it had said that a candidate who has removed a tattoo on his body surgically cannot be declared medically unfit.

"The post-operation wound could heal in the natural course and as such it cannot be a cause for declaring a person medically unfit," the tribunal quoted its earlier said.