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DELHI HIGH COURT: MEDICAL BOARD SHOULD NOT EXAMINE CANDIDATE IMMEDIATELY AFTER FEW DAYS OF TATTOO REMOVAL; SURGERY CAPF RECRUITMENT]

The Business Guardian

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May 27, 2024

The Delhi High Court in the case Akshay Choudhary Vs Union Of India Ministry Of Home Affairs & Ors observed and has directed a re-examination of a CAPF candidate who was declared unfit even after tattoo removal surgery.

The court in the case held that the Review Medical Board should not have examined the candidate immediately after a few days of surgery and should have given sufficient time to him to ensure the healing of the scar.

The bench comprising of Justice V. Kameswar Rao and Justice Ravinder Dudeja was hearing the present matter.

The bench held that it being true that the advertisement clearly states that the candidates need to fulfill all eligibility conditions before even applying for the post in question. Therefore, it is the case of Mr. Mehta that the petitioner has got his tattoo removed which was present on the front side of the right forearm only after he realizes that he successfully cleared the written examination. So in that sense, the petitioner may be called as fencesitter, but the fact remains that the petitioner got his tattoo removed from the right forearm.

FACT OF THE CASE

The Petitioner applied for the position of Assistant Commandant i.e., Group A in the Central Armed Police Forces, CAPF following an advertisement.

The petitioner in the plea contended that after undergoing surgery to remove a tattoo from his right forearm, he successfully cleared the written examination.

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