IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20201 of 2011 1. Sanjay Kumar S/O Ramjee Prasad R/O and P.O. Bari Malia, P.S. Gogri, District Khagaria, Bihar. --Petitioner. Versus 1. The Union Of India Through Secretary Home Affairs Govt. Of India, New Delhi. 2. The Secretary Home Affairs Govt. Of India, New Delhi. 3. The Director General Of Police C.R.P.F., New Delhi. 4. The Deputy Director General Of Police Group Centre C.R.P.F., Muzaffarpur, Bihar. 5. The Medical Member Recruitment Board, C.R.P.F. Muzaffarpur. ---Respondents. ---------------------------------- 02 22.11.2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General for the respondent – Union of India and its official. Petitioner is applicant for the post of Constable, GD (Male) in Central Reserve Police Force ( for short ‘CRPF). It is the petitioner’s case that he was declared qualified/successful at the physical eligibility test followed by the written test whereafter he was subjected to medical fitness test wherein he was held unsuitable/unfit on account of the petitioner being hypertensive. Petitioner was required to file appeal thereagainst within 15 days after obtaining medical fitness certificate. It is further the case that he got himself medically examined by the Civil Assistant Surgeon, Sadar Hospital, Munger, who found the view of the Medical Board of the CRPF as an error of judgment. In other words, petitioner was found medically fit/ suitable for the job. It is further the petitioner’s case that within 15 days of time he mailed his appeal together with the required fee and medical fitness certificate by speed post. Relevant document(s) in this regard have been enclosed as Annexures 4 and 5. The respondent, by communication contained in Annexure-6, rejected consideration of appeal on the sole ground that the same was received in the office beyond 15 days . Learned counsel contends that for the latches on the part of Department of Post and Telegraph the petitioner should not be penalized. It is contended that similar view has been taken by this Court in CWJC No.7844 of 2011 ( Kumar Rajnish vs. The Union of India & Ors.) (Annexure-9). Learned Assistant Solicitor General, on going through the pleadings on record including the order dated 05.05.2011 passed in CWJC No. 7844 of 2011 (Annexure-9) takes a fair stand that the matter may be disposed of in the terms in which the aforesaid writ application was disposed of. Having heard the parties and on perusal of the materials on record it is evident that petitioner did forward his appeal through speed post along with all required documents within time which unfortunately seems to have been delivered beyond 15 days, the period prescribed for filing such appeal for subjecting him to Review Medical Board. If that be the case then rejection of the consideration of appeal on the said ground seems to be unreasonable. A similar view has been taken by a Bench of this Court in CWJC No. 7844 of 2011 (Annexure-9). Accordingly, the application is disposed of with a direction to the respondent no.4 (Deputy Director General of Police, Group Centre, CRPF, Muzaffarpur, Bihar) to send the petitioner before the Review Medical Board for his review medical fitness test within a period of three weeks from the date of receipt/production of a copy of this order and thereafter consider his claim for appointment in accordance with law. Sym ( Kishore K. Mandal, J.)