IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5059 of 2010 1. AJEET KUMAR S/O LATE NAGESHWAR SINGH R/O VILLAGE - MOKARI, P.S - ARWAL , DISTRICT - ARWAL. Versus 1. THE UNION OF INDIA THROUGH THE D.I.G.(KARMIK AND BHARTI) MAHA NIDESHALAYA , INDO, TIBBATAN BOARDER POLICE CENTRAL OFFICE PARISAR KHAND-2 LODHI ROAD , NEW DELHI-03 2. THE D.I.G.(KARMIC AND BHARTI) MAHA NIDESHALAYA , INDO, TIBBATAN BOARDER POLICE CENTRAL OFFICE PARISAR KHAND-2 LODHI ROAD , NEW DELHI- 03 3. THE D.I.G. (GANGTOK), ZONAL OFFICE INDO TIBBATAN BOARDER POLICE HOME MINISTRY, GOVERN OF INDIA, P.O – SAMDUR, TADONG, GANGTOK (SIKKIM) ----------- For the petitioner : Mr. Arvind Prasad Singh, Advocate. For the Union of India : Mr. Dwivedy Surendra, C.G.C. ==== 3. 02.04.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner was the applicant for the post of Constable (G.D.) in the Indo Tibbatan Border Police (hereinafter referred to as “ITBP”). His candidature was rejected under rejection slip dated 11.11.2008, Annexure-2 on the ground that he could not produce the certificate from the surgeon who operated him for hydrocele within two days of the direction to produce the same. It appears from the contents of letter dated 12.10.2009, Annexure-7 that the appeal of the petitioner against the finding of the Senior Medical Officer was also rejected on 27.6.2009. 3. Learned counsel for the petitioner submits that the petitioner was declared unfit not on medical grounds but only for his failure to produce the certificate from the surgeon who operated him for hydrocele Now, petitioner is in custody of the medical fitness certificate granted by Dr. Prabhu Dayal who operated him for hydrocele. The certificate is dated 17.11.2008 - 2 - copy whereof is contained in Annexure-5/4 to this application. 4. Let the petitioner appear with the original of the certificate granted by Dr. Prabhu Dayal dated 17.11.2008, Annexure-5/4 before the Deputy Inspector General, ITBP (Personnel and Recruitment) who should ensure a fresh medical examination of the petitioner and if he is found fit in the medical examination, his case for appointment may be considered in accordance with law as early as possible, in any case within a period of two months from the date of appearance of the petitioner along with a certified copy of this order before the D.I.G. concerned. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)