Page No.# 1/9 GAHC010036992024 2026:GAU-AS:14541 In the Gauhati High Court (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI WP(C) NO. 1016 OF 2024 Sri Ranjeet Singh, Age about 28 years, Son of Bakeel Singh, Residing at village-Aroli, P.O.-Gormi, Dist.-Bhind, Madhya Pradesh. …… ..Petitioner -Versus- 1. The Union of India represented by the Commissioner and Secretary to the Government of India, Ministry of Home Affairs, New Delhi-110001. 2. The Director General, Assam Rifles, Head Quarter Directorate General, Assam Rifles Shillong- 11. 3. The Commandant, presiding officer, of Assam Rifles Trades and Technical recruitment rally, 2024, HQ Director General, Assam Rifles. …… .. Respondents Page No.# 2/9 – B E F O R E – HON’BLE MR. JUSTICE KARDAK ETE Advocate for the petitioner/appellant : Mr. B. Pathak, learned counsel. Advocate for the respondents : Mr. G. Pegu, learned CGC. Date on which Judgment is reserved : 30.09.2026. Date of Hearing : 30.09.2026. Date of Judgment and Order : 30.09.2026. Whether the pronouncement is of the Operative part of the Judgment? : No. Whether the full Judgment has been pronounced? : Yes. JUDGMENT & ORDER (ORAL) Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC. 2. This writ petition has been instituted, being aggrieved by the action of respondent authorities, whereby the petitioner has been declared medically unfit for recruitment to the post of Rifleman (Recovery Vehicle Mechanic) in the Assam Rifles Technical and Tradesman Recruitment Rally, 2024, pursuant to Page No.# 3/9 Advertisement Memo No. 1.12016/A Branch (Rect. Cell)/2023/535 dated 10th October, 2023, whereby applications were invited for filling up 161 vacancies for various posts, including the post of Rifleman (Recovery Vehicle Mechanic) for the State of Madhya Pradesh. 3. The facts of the case, in brief, are that vide Advertisement Memo No. 1.12016/A Branch (Rect. Cell)/2023/535 dated 10th October, 2023, the Directorate General Assam Rifles, Shillong, invited applications for filling up 161 vacancies of various posts, including the post of Rifleman (Recovery Vehicle Mechanic) for the State of Madhya Pradesh. Pursuant thereto, the petitioner applied for the post of Rifleman (Recovery Vehicle Mechanic) under the Scheduled Tribe category. The petitioner participated in the recruitment process and succeeded in the Physical Standard Test (PST)/Physical Efficiency Test (PET). Accordingly, he was called for a Detailed Medical Examination on 18.01.2024 at Shillong. 4. During the detailed medical examination, the petitioner was found have ‘Tattoo over inner aspect of right forearm’ and ‘deviated nasal septum’. Accordingly, the petitioner was found to be unfit medically on account of the said ‘Tattoo over inner aspect of right forearm’ for recruitment to the post of Rifleman (Recovery Vehicle Mechanic). 5. It is the case of the petitioner that as per the Tattoo policy for candidates, the candidates belonging to Tribal communities/from tribal areas, are permitted to have permanent body tattoos on any part of the body as per existing customs and traditions of the said tribe to which a candidate belongs. Therefore, holding the petitioner medically unfit on account of ‘Tattoo over inner aspect of right forearm’ is illegal and arbitrary. Page No.# 4/9 6. Mr. B. Pathak, learned counsel for the petitioner, submits that there is a policy governing candidates appearing for recruitment who have permanent body tattoos, whereby permanent body tattoos are permitted on the inner aspect of the forearm, i.e., from the inside of the elbow to the wrist of both the hands. He submits that the petitioner had a tattoo on his right forearm bearing the symbol ‘OM’, which cannot be treated as a ground for disqualification of the petitioner. It is submitted that tattoos are permissible under the policy applicable to candidates appearing for recruitment with permanent body tattoos, particularly in the case of candidates belonging to the Scheduled Tribe category. The petitioner belongs to the Scheduled Tribe category and had applied for the post of Rifleman (Recovery Vehicle Mechanic) against the Scheduled Tribe quota for the State of Madhya Pradesh pursuant to the aforesaid advertisement. Therefore, it is submitted that a direction may be issued to the recruitment authorities to conduct a review medical examination, if required, a fresh medical examination of the petitioner, by considering the fitness of the petitioner in view of the policy permitting tattoos on certain parts of the body, and to consider for recruitment to the post of Rifleman (Recovery Vehicle Mechanic) in the Assam Rifles. 7. Mr. G. Pegu, learned CGC, on the other hand, submits that the petitioner was found medically unfit on account of ‘Tattoo over inner aspect of right forearm’ and ‘deviated nasal septum’. However, upon the petitioner having applied for a review medical examination, he was referred to an ENT Specialist at the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences, Shillong, for examination and diagnosis of the deviated nasal septum. The petitioner was found fit in respect of the said condition. Page No.# 5/9 8. Learned Central Government Counsel submits that thereafter again the review medical examination of the petitioner was conducted by the Board of Specialised Medical Officers on 25.01.2024, during which the petitioner was again found medically unfit on account of ‘Tattoo (size 3 cm x 1 cm) over inner aspect of right forearm’. The same was accordingly intimated to the petitioner, and his candidature was rejected for the said recruitment. Learned counsel submits that, as per the Policy dated 12.01.2017 for recruitment of candidates in the CAPFs, issued by the Ministry of Home Affairs, tattoos marked at traditional sites of the body, like the inner aspect of the forearms, but only on the left forearm, being the non-saluting limb, or on the dorsum of the hands, are permitted. He submits that since the petitioner was declared medically unfit both during the Detailed Medical Examination and subsequent Review Medical Examination, his candidature has rightly been rejected, as only a medically fit candidate can be recruited in the Armed Forces to successfully undergo strenuous physical training. Physical fitness in the Armed Forces is of paramount importance for the discharge of specialised tasks. The ground on which the candidature of the petitioner has been rejected is, therefore, fully justifiable. Accordingly, no interference by this Court is warranted. 9. I have considered the submissions of the learned counsel for the parties and have also perused the materials available on record. 10. Pursuant to the advertisement dated 10.10.2023 issued by the Directorate General Assam Rifles, Shillong, for the Assam Rifles Technical and Tradesman Recruitment Rally, 2024, inviting applications for recruitment to various posts, including the post of Rifleman (Recovery Vehicle Mechanic), the petitioner applied for the post of Rifleman (Recovery Vehicle Mechanic) in respect of the Page No.# 6/9 State of Madhya Pradesh. As per the aforesaid advertisement, one post of Rifleman (Recovery Vehicle Mechanic) was reserved for candidates belonging to the Scheduled Tribe category. The petitioner, being a Scheduled Tribe candidate, applied for the said post of Rifleman (Recovery Vehicle Mechanic) in the State of Madhya Pradesh. The petitioner cleared the Physical Standard Test (PST)/Physical Efficiency Test (PET) and was accordingly called for the Detailed Medical Examination on 18.01.2024 at Shillong. 11. During the Detailed Medical Examination, the petitioner was found medically unfit on account of ‘Tattoo over inner aspect of right forearm’ and ‘deviated nasal septum’. Upon an application for review of the medical examination, the petitioner was referred to an ENT Specialist, whereupon he was found fit in respect of the ‘deviated nasal septum’. However, during the Review Medical Examination conducted on 25.01.2024, the petitioner was again found medically unfit on account of ‘Tattoo (size 3 cm x 1 cm) over inner aspect of right forearm’, on the basis of which his candidature was rejected. 12. Government of India, Ministry of Home Affairs, has communicated a policy for recruitment of candidates in the Central Armed Police Forces having tattoos on various parts of the body, vide order dated 12.01.2017. The said policy provides that, being a secular country, the religious sentiments of the countrymen are to be respected and, accordingly, tattoos depicting religious symbol or figure and name, as followed in the Indian Army, are to be permitted. So far as the location is concerned, it is provided that tattoos marked at traditional sites of the body, such as the inner aspect of the forearm, but only on the left forearm, being the non-saluting limb, or on the dorsum of the hands, are to be allowed. It is further provided that the size of the tattoo must be less Page No.# 7/9 than one-fourth of the particular part (elbow or hand) of the body. 13. Upon careful consideration of the aforesaid policy for recruitment of candidates having tattoos on various parts of the body, it is evident that the policy seeks to respect the religious sentiment of the countrymen and, therefore, tattoos depicting religious symbols or figures and names, as followed in the Indian Army, are permitted. So far as the location of the tattoos is concerned, tattoos marked at traditional sites of the body, such as the inner aspect of the forearm, but only on the left forearm, being the non-saluting limb, or on the dorsum of the hands, are allowed, subject to the condition that the size of the tattoo must be less than one-fourth of the particular part (elbow or hand) of the body. 14. In the instant case, admittedly, the petitioner has been found medically unfit on account of ‘Tattoo (size 3 cm x 1 cm) over inner aspect of right forearm’, on the basis of which his candidature has been rejected as being impermissible under the policy dated 12.01.2017. However, it is noticed that the tattoo on the right forearm of the petitioner bears the symbol ‘OM’, which appears to be a religious symbol or figure recognised as such in the country. As the policy for recruitment of candidates having tattoos on various parts of the body permits tattoos depicting religious symbols or figures and names, the tattoo depicting ‘OM’ would ordinarily be permissible, though the location of the tattoo, the policy permits tattoos on the inner aspect of the forearm only on the left forearm, being the non-saluting limb. 15. Upon consideration of the matter in its entirety, it appears that the Page No.# 8/9 petitioner has been disqualified from recruitment to the post of Rifleman on the ground of having been found medically unfit on account of a tattoo on his right forearm bearing the symbol ‘OM’. This Court is of the view that such a ground for declaring the petitioner medically unfit cannot, by itself, be considered sufficient for disqualification, for the reason that the petitioner is otherwise eligible and fit in all other respects. Admittedly, the petitioner had cleared the Physical Standard Test (PST)/Physical Efficiency Test (PET) and was thereafter called for detain medical examination and was examined accordingly. Except for the aforesaid ground relating to the tattoo over the inner aspect of the right forearm, there is no other ground on which the petitioner is found medically unfit. In such circumstances, it would not be fair to disqualify or reject the petitioner for recruitment to the post of Rifleman (Recovery Vehicle Mechanic). 16. It is observed that the mere existence of a tattoo, by itself, is not a disqualification on the ground of medical fitness; rather, the size and the location on the body where the tattoo is inscribed may be relevant for determining whether it constitutes a ground of medical unfitness. The policy itself permits tattoos depicting religious symbols or figures and names, having regard to the religious sentiments of the countrymen in a secular country. Therefore, a tattoo depicting the religious symbol or figure ‘OM’ ought not to have been considered as a ground for disqualification on the basis of medical unfitness. 17. In view of the foregoing discussion, I am of the considered view that the action of the respondents in rejecting the candidature of the petitioner on the ground of medical unfitness on account of having a tattoo depicting ‘OM’ is Page No.# 9/9 arbitrary and cannot be sustained. Accordingly, the same is hereby set aside and quashed. Consequently, the respondent authorities are directed to constitute a fresh Appeal/Review Medical Board to examine the petitioner afresh and to pass order(s) and consider his recruitment to the post of Rifleman (Recovery Vehicle Mechanic) in Assam Rifles. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a certified copy of this order. 18. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant