IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5027 of 2009 Subodh Kumar Singh, Son of Ram Chandra Singh, Resident of Village- Patani, P.S.-Ramgarhwa, District- East Champaran, Motihari. -Petitioner. VERSUS 1. The Union of India, through the Director General, C.R.P.F., New Delhi. 2. Inspector General, East Sector, C.R.P.F., Kolkata (West Bengal). 3. Deputy Inspector General of Police, Group Centre, C.R.P.F., Mokama Ghat, Patna, Bihar. ***** For the Petitioner : Mr. Ramakant Sharma, Sr. Adv. Mr. Lakshmikant Sharma, Adv. For the Respondents. : Mr. Sudhir Singh, Asst. S.G. ***** 03 06.08.2009 The petitioner had applied for the post of general duty constable in the Central Reserve Police Force (C.R.P.F.). He was selected after due medical examination. Due to certain reasons appointment letters could not be immediately issued. Appointment letters came to be issued after three months of selection. As per C.R.P.F. rules, such appointment had been delayed by more than three months the appointees had to offer themselves to re-medical check up. Petitioner accordingly prepared for re-medical check up, which is done after about three months of first medical check up in which he had passed but he was disqualified on medical grounds. Two medical deficiencies were pointed out. First drooping of right shoulder and second visual acuity (defective distance vision). Petitioner was surprised because how could his medical condition changed adversely in such short time. He then got in touch with doctors and got himself examined by two separate doctors for the two ailments. The two government doctors, being two Assistant Civil Surgeons of Motihari, were told of the report of the re-medical check up board. They - 2 - examined and they have certified that the re-medical check up board reports is errors of judgment. Petitioner does not suffer from those medical conditions and certified to that effect. Armed with this petitioner requested for a re-medical test. C.R.P.F. agreed the matter was then referred to the Appellate Medical Board of C.R.P.F. Petitioner was now examined and the Appellate Medical Board found that the alleged medical condition of drooping shoulder was not there, to that extent they have agreed with Civil Assistant Surgeon, Motihari and overruled their own doctor’s report, but when it came to distance vision problem they agreed with their doctor. The net result was that the petitioner remains disqualified because of vision defect. Counter affidavit has been filed in which these facts are not in dispute. Petitioner submits that it is surprising as to how a person who did not either suffer from drooping shoulder or distance vision problem four months back suddenly acquires these problems, which on consideration by the Appellate Board of C.R.P.F. itself, is found to be erroneous so far as drooping shoulder is concerned, but is substantiated for the vision is concerned, especially when two equally competent government doctors certified it. He submits that he is ready to submit before an independent medical examination board and would abide by its judgment in this regards. Learned counsel for the C.R.P.F. could hardly raise any objection in this regards. Having considered the matter, in my view, considering that the petitioner may not be able to afford the expenses of traveling to - 3 - Delhi, staying there and getting him examine in All India Institute of Medical Science, the better option would be for this Court to request the Superintendent of Banaras Hindu University Medical College & Hospital to arrange for examination of petitioner on proper identification by senior doctors of the department of ophthalmology and give a report thereof to the petitioner with a clear finding whether the petitioner suffers from defective distance vision problem or not. A copy of the report must also be sent to Commandant Recruitment Cell, Group Centre, C.R.P.F., Mokama Ghat, Patna. If the report is favourable to the petitioner then C.R.P.F. would be obliged to accept the petitioner in service for the post which he had applied, if it is not then there will be no orders of this Court in favour of the petitioner. It is requested to the authorities at the Banaras Hindu University Medical College & Hospital would conduct the tests in the shortest possible time and forward the report at the earliest. All reasonable costs in this regard would be borne by the petitioner as an out patient. The parties would act on the certified copies of the order of this Court. This writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)