IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12605 of 2011 ============================================= Munna Kumar, s/o- Ram Dular Singh, r/o- Kesath, near Block Kesath, District- Buxar. .... .... Petitioner/s Versus 1. The Union Of India through Secretary, Ministry of Home Affairs, New Delhi. 2. Director General of C.R.P.F., New Delhi. 3. Inspector General of Police, C.R.P.F., Bihar, Patna. 4. Deputy Inspector General of Police, Group Centre, C.R.P.F., Muzaffarpur. .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Raghib Ahsan(Asst.SG) ============================================= 3 09-09-2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General for the respondents. Petitioner was an applicant for the post of Constable (G.D.) in Central Reserve Police Force (for short “the C.R.P.F.”) pursuant to an advertisement published in this regard. It is the case of the petitioner that he was called in and subjected to physical fitness test followed by written test whereat, he was declared eligible/successful. The petitioner was thereafter subjected to medical fitness test whereat he was declared medically unfit on account of knock knee. The said document has been enclosed as Annexure-3. Petitioner was required to file an appeal thereagainst within 15 days of receipt of the communication supported by a medical fitness certificate. It is the case of the petitioner that he got himself medically examined by a Medical Officer of the Sadar Hospital, Buxar and obtained a medical fitness certificate (Annexure-4) and filed appeal (Annexure-5) along with the certificate and required fee on the same day i.e. 21.1.2011. The appeal was sent under Speed Post. Petitioner has enclosed photo copy of the certificate issued by the postal department along with the writ petition. It is the grievance of the petitioner that the respondents have thereafter maintained silence and he has not been called in to appear for Review Medical Board although the appeal was dispatched/made within time. Learned Assistant Solicitor General, based on instruction received by him, states that the appeal together with the documents attached therewith was received by the authorities one day after the last day for filing such appeal and as such the respondents did not take appropriate action on the appeal/Memo of appeal filed by the petitioner. Having heard the parties and on perusal of the materials on record, it appears that the petitioner obtained the medical fitness certificate (Annexure-4) well within the time prescribed therefor inasmuch as he dispatched the appeal along with requisite fee as well as the certificate on 22.1.2011. The certificate issued in this regard by the postal department has also been enclosed with the writ petition. The submission of the petitioner that for the fault of the postal department in delivering the mail one day after the due date, the petitioner should not be penalized, in my view, has a force. The petitioner, in the given facts and circumstances of the case, cannot be penalized by not acting on the said appeal preferred by the petitioner well within time and thereby give him an opportunity for being medically examined by the Review Medical Board. I am, thus, satisfied that the petitioner has made out a case for indulgence to be granted by this Court by invocation of its writ jurisdiction. Accordingly, the application is allowed in the following terms: Let the petitioner appear before the respondent Deputy Inspector General of Police (Group Centre), Muzaffarpur (respondent No. 4) within three weeks from today along with a copy of the present order whereafter the said respondent shall arrange a Review Medical Board for the petitioner as quickly as possible. PANKAJ KUMAR/- (Kishore K. Mandal, J)