Staff Selection Commission challenged Tribunal orders directing re-examination of two Constable recruitment candidates by a dermatologist regarding forearm tattoos. The Court found no justification for challenging such innocuous orders and directed the dermatologist to also consider observations in Deepak Yadav.
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$~62 & 80
STAFF SELECTION COMMISSION & ORS. .....Petitioners Through: Mr. K.C. Dubey, Sr. PC with Mr. Ravi Kumar Dagar and Mr. Rishav Dubey, Advs.
versus
ANKUSH .....Respondent Through: Mr. Setu Niket, Ms. Esha Mazumdar and Mr. Ishan Singh, Advs.
versus
SAURAV SAROHA .....Respondent Through: Mr. Setu Niket, Ms. Esha Mazumdar and Mr. Ishan Singh, Advs.
CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
%
O R D E R (ORAL) 07.10.2024
C. HARI SHANKAR, J.
CM APPL. 58772/2024 in W.P.(C) 14042/2024 CM APPL. 59277/2024 in W.P.(C) 14163/2024
Signature Not Ver ified W.P.(C) 14042/2024 and connected matter Digitally Signed By:AJIT KUMAR Signing Da te:1 4.10.2024 16:36:07
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1. Exemption allowed subject to all just exceptions.
2. Applications are disposed of.
W.P.(C) 14042/2024, CM APPL. 58771/2024 W.P.(C) 14163/2024, CM APPL. 59276/2024
3. The order under challenge in this petition reads as under:
“Learned counsel for the parties submit that the issue raised in this OA stands concluded by the decision of this Tribunal in OA No. 597/2024 titled as Deepak Yadav v/s Staff Selection Commission & Ors . decided on 22.04.2024.
“In view of the above, we dispose of the present OA(s) by directing the respondents to get the applicant(s) re-medical examination done by a duly constituted Medical Board which would include dermatologist who shall opinion in light of Clause 13.2 as to arrive at a just conclusion whether the applicant(s) are functionally fit for appointment to post of Constable in Delhi Police. It is directed that the re-medical examination shall be undertaken within a period of 12 weeks from the date of receipt of certified copy of this order. Further, the respondents are directed to convey the decision to the respective applicant(s). In the event, the applicant(s) are found to be fit, further action shall be taken in accordance with law. No order as to costs.”
4. At the very outset, we do not see why such an order was even challenged before this Court. All that the learned Central
Signature Not Ver ified W.P.(C) 14042/2024 and connected matter Digitally Signed By:AJIT KUMAR Signing Da te:1 4.10.2024 16:36:07
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Administrative Tribunal has done is to direct the respondents to be examined by a dermatologist, who would assess the respondents’ functional fitness for appointment to the post of Constable in the Delhi Police in the light of Clause 13.2 of the advertisement for recruitment to the post of Constable (Executive) Male and Female in the Delhi Police Examination 2023. Clause 13.2 does not allow an aspirant to the post of Constable to possess any tattoo on her/his right forearm.
5. There is no justification whatsoever for the petitioner challenging such an innocuous order. There can be no reservation whatsoever with the candidate concerned being examined by a Dermatologist, who would assess whether the candidate does or does not possess a tattoo on the right forearm.
6. Mr. Setu Niket, the learned Counsel for the respondent has drawn our attention to the judgment dated 24 July 2024 passed by a Coordinate Bench of this Court in Staff Selection Commission v Deepak Yadav1 . In that case, this Court actually physically examined the candidate concerned and arrived at a conclusion that there was no visible tattoo on the right forearm of the candidate, as seen through the naked eye.
7. Instead of following that practice, we deem it appropriate to direct the Dermatologist, who would examine the respondents in terms of the impugned order of the learned Tribunal, to also keep in mind the observations contained in the judgment of this Court in Deepak
1 2024 SCC OnLine Del 5162
Signature Not Ver ified W.P.(C) 14042/2024 and connected matter Digitally Signed By:AJIT KUMAR Signing Da te:1 4.10.2024 16:36:07
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Yadav .
8. The Dermatologist, who would re-examine the respondents, is requested to take a decision on all such cases as expeditiously as possible.
9. With the aforesaid observation, these petitions are disposed of.
C.HARI SHANKAR, J
DR. SUDHIR KUMAR JAIN, J
OCTOBER 7, 2024 / aky
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Signature Not Ver ified W.P.(C) 14042/2024 and connected matter Digitally Signed By:AJIT KUMAR Signing Da te:1 4.10.2024 16:36:07
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1 issue framed by the court
Whether the Tribunal's order directing re-medical examination of candidates by a dermatologist for tattoo assessment under Clause 13.2 should stand.
Colour shows how this judgement treated each authority
Staff Selection Commission v Deepak YadavRelied on¶6
2024 SCC OnLine Del 5162 · Who else cites this
Staff Selection Commission & Ors.
Ankush
Saurav Saroha
C. Hari Shankar
Sudhir Kumar Jain
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
