IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.195 of 2009 MD.EMATEYAJ ALAM, son of Md. Khalil, Resident of village-Kanchanpur, P.S.-Bidupur, District-Vaishali. ……Petitioner Versus 1. The Union Of India through the Director General of Central Reserve Police Force(C.R.P.F.) C.G.O. Complex, Lodhi Road, New Delhi. 2. The Inspector General of Police B/S C.R.P.F., Digha, Patna, Bihar. 3. Deputy Inspector General of Police, C.R.P.F., Jappaha, Muzaffarpur. 4. Presiding Competent authority, C.R.P.F. Jappaha, Muzaffarpur. …….Respondents. ----------- For the Petitioner : Mr. K.K. Jha, Adv. : Mr. Nazir Ansari, Adv. For the Respondents : Mr. Sarvdeo Singh, S.C.C.G. ---------- 02 13.10.2009 Heard the parties and with their consent, the writ application is being disposed of at the stage of admission itself. The petitioner is aggrieved by order from the Office of D.I.G., C.R.P.F., Muzaffarpur by which he has been governed that his appeal against recommendation of the Medical Board disqualifying him stands rejected as he had failed to annex the intimation of disqualification as sent to him. Form the pleadings it stands undisputed that petitioner was disqualified and the disqualification was informed to him stating that he suffers from Varicose Vein on both legs. This is contained in Annexure-4 which itself informs the petitioner that he has a right to get himself treated and file an appeal on payment of fee of Rs. 25/-. - 2 - Petitioner thereafter went and got himself treated in the Department of Surgery at the Patna Medical College and Hospital, Patna. Apparently by surgical procedure the defects have been cured/rectified successfully as certified by Patna Medical College and Hospital, Patna. Petitioner with those documents filed an appeal against the order of rejection as done by Medical Board seeking review Medical Board. It appears that the original order of rejection of petitioner on ground of medical unfitness was not annexed which resulted in dismissal of his appeal seeking Re- medical Board. In my view, it would be travesty of justice if this Court does not interfere in the matter. It could have been a shere mistake which could have been rectified by asking petitioner to file that order which even otherwise was available in the Group Centre itself as had been issued from there. It was hyper technicality which is not to be permitted to be taken by a governmental organization and that to deny the legitimate right of citizen of seeking employment. This Court, therefore direct the D.I.G., C.R.P.F., Muzaffarpur to entertain the appeal of petitioner and constitute a Re-Medical Board to re-examine the petitioner and take a decision accordingly thereafter. The same shall be done within a period of three months from the date of - 3 - receipt and/or production of a copy of this order before the concerned Respondent. The writ petition stands allowed. Shageer (Navaniti Prasad Singh, J)