IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14575 of 2011 Satendra Kumar Sharma @ Satender son of Sri Ram Awadh Sharma resident of village Jajwaliya, Post- Bajudih Mahuawan P.S. Vijayipur, Gopalganj. …Petitioner Versus 1. The Union of India through the Director General, CRPF, New Delhi. 2. The Senior Commandant, CRPF, New Delhi 3. The Inspector General of Police, Bihar Sector, CRPF, Patna, Bihar 4. The Deputy Inspector General of Police Group Centre, CRPF, Jhaphan, Muzaffarpur, Bihar 5. The Commandant, Recruitment Board CRPF, Group Centre Jhaphan, Muzaffarpur. 6. The Deputy Commandant, Recruitment Board CRPF, Group Centre Jhaphan, Muzaffarpur 7. The Chief Medical Officer of the Recruitment Board CRPF, Group Centre Muzaffarpur 8. The Deputy Commandant, Member-One. Medical Recruitment Board, CRPF, Group Centre, Jhaphan, Muzaffapur. 9. The State of Uttar Pradesh, through the Director-in- Chief, Health Services, Lucknow 10. Dr. K. K. Chaudhary, ENT, Surgeon District Hospital, Gorakhpur(UP) …Respondents For the petitioner :Mr. Nityanand Mishra For the respondents :Mr. Raghib Ahsan, ASG ----------- 02. 15.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. Petitioner was an applicant for the post of Constable/G.D.(Male) in Central Reserve Police Force (for short ‘CRPF’). It is the case of the petitioner that on clearing physical eligibility test followed by written test, he was subjected to medical fitness test whereat he was found unfit as doctors found him suffering from perforation of the left tympanic membrane. Petitioner thereafter got himself examined 2 by a surgeon serving in a government hospital whereafter he was found medically fit as the doctor opined that his disease/ailment found by the doctors of the CRPF was an error of judgment. Said document is Annexure-3. Armed with aforesaid medical fitness certificate, petitioner filed appeal for subjecting him to the Review Medical Board. In pursuance of the aforesaid appeal, the respondents by a communication dated 13th May, 2011 (Annexure-4) informed the petitioner for his medical fitness test by Review Medical Board on 27.5.2011. Petitioner appeared for the said Review Medical Board. Since no response was received thereafter, he made representation as contained in Annexure 5 series. The respondents ultimately by a communication dated 24.8.2011 (Annexure-A to I. A. No. 6051 of 2011) informed the petitioner that he was found medically unfit by the Review Medical Board also on account of his suffering from Perforation of the left Tympanic Membrane. Learned counsel for the petitioner states that while considering his medical fitness, the doctors constituting the Review Medical Board did not take into account the finding of the surgeon who recorded his medical fitness as contained in Annexure-3. Learned counsel takes a stand that the petitioner would be satisfied if he is permitted to make a representation before the Respondent-Inspector General of Police(respondent no.3) who, in turn, may be directed to consider and dispose of the same in accordance with law. Learned Assistant Solicitor General takes a stand 3 that the matter may be disposed of in the aforesaid terms. Having heard the parties and on going through the pleadings on record, this Court is satisfied that the present application be disposed of by the following order:- Let the petitioner file a detailed representation supported by all relevant documents before the Respondent Inspector General of Police, Bihar Sector, CRPF, Patna, Bihar (respondent no.3) within three weeks from today together with a copy of the present order. The said respondent shall consider and dispose of the said representation in accordance with law within four weeks of its filing. hr ( Kishore K. Mandal )