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Synopsis

The Allahabad High Court recently granted relief to a man who had been declared unfit to be recruited as BSF Head Constables (Radio Operator) in the Ministry of Home Affairs, Government of India, for having a religious tattoo mark on his hand.

The bench of Justice Saurabh Srivastava directed that if the petitioner's tattoo is removed then that particular disability may not be considered as an obstacle for selection on the ministerial post for which the petitioner had applied.

The Ministry of Home Affairs on July 20, 2018, issued an advertisement for the recruitment of BSF Head Constables (Radio Operator) and (Radio Mechanic). The petitioner who was qualified for being appointed on the posts in question, applied and was declared successful in the result.

The petitioner appeared for his 2nd phase examination which is documentation, PST, and PET, and was declared successful in that result as well.

Thereafter, in his medical examination, on February 20, 2023, the petitioner was held unfit. The petitioner then applied for the review medical examination but to no relief.

Before the high court, the counsel for the petitioner Advocates Binod Kumar Mishra and Atul Kumar Dubey submitted that the petitioner had prayed before the authorities that if an opportunity was provided, he would have removed the tattoos and thereafter the review medical examination could again be done on the petitioner.

Another submission made by the petitioner's counsel was that the petitioner was a member of the SC community and it was a custom in the community to have religious tattoos. The counsel asserted that therefore also, an opportunity should have been given to the petitioner to get the tattoo, which he had owing to the custom of his community, removed and then reappear for medical examination. 

On the other hand, the counsel appearing for Union of India vehemently opposed the prayer mentioned in the petition on the ground that whatever rules and regulations are followed in the Indian Army for rejection of the candidature, the same are applied to the Border Security Force also and in accordance with the same, the petitioner had been held unfit. 

Court, however, partly allowed the writ petition and directed that if the petitioner's tattoo is removed, then that particular disability may not be considered as an obstacle for selection on said posts but if the petitioner is found having any disability which according to the respondents are permanent in nature, then he may not be considered.

Case Title: Himanshu Kumar v. Union Of India And 2 Others