Court Upholds Medical Examination Standards in Recruitment Process, Disallows Post-Examination Tattoo Removal
In a significant ruling, the Calcutta High Court has dismissed a writ petition filed by Rahul Bari, who challenged his medical disqualification in the recruitment process for Constable (GD) in the Central Armed Police Forces (CAPFs). Presided over by Justice Saugata Bhattacharyya, the court upheld the medical examination standards and procedures followed by the recruitment authorities.
Rahul Bari, the petitioner, was declared medically unfit during the Detailed Medical Examination due to a tattoo on his right forearm and a condition known as right flat foot. Subsequently, Bari underwent laser therapy to remove the tattoo before his Review Medical Examination. However, the court ruled that the health condition of a candidate must be assessed based on the status at the time of the Detailed Medical Examination, not after any subsequent alterations.
The petitioner's legal counsel argued that the removal of the tattoo before the Review Medical Examination should have warranted a change in the medical fitness status. However, the court found merit in the submissions of the Union of India's representatives, who argued that the tattoo was only removed after the initial examination, which was conducted on December 3, 2025. Supporting medical documentation indicated that the tattoo removal occurred on December 6, 2025, the same day as the Review Medical Examination.
The court emphasized that the health condition, including any tattoo marks, must be evaluated as they existed on the date of the Detailed Medical Examination. The judgment underscores that changes made after this examination cannot be considered in determining medical fitness for recruitment purposes.
Consequently, the Calcutta High Court dismissed the writ petition, affirming the established medical criteria and procedures for recruitment in the CAPFs. The court did not impose any costs on the petitioner and directed that certified copies of the judgment be provided to the parties upon request.
Bottom Line:
Selection process for appointment as Constable (GD) in CAPFs - Candidate declared medically unfit due to presence of tattoo on right forearm and right flat foot - Removal of tattoo by laser therapy after Detailed Medical Examination and before Review Medical Examination held not permissible - Health condition must be assessed based on the situation existing at the time of Detailed Medical Examination.
Statutory provision(s): Service Law.
Rahul Bari v. Union of India, (Calcutta) : Law Finder Doc Id # 2833887
