IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13697 of 2011 Amit Anand, son of Sri Jitendra Prasad Singh, resident of Rathor Newagi Tola, P.O. Gurukula Mehman, P.S. Mufassil, Saran at Chapra …Petitioner Versus 1. The Union of India through the Secretary, Ministry of Home, New Delhi 2. The Director General, CRPF, New Delhi 3. The Dy. Inspector General of Police, Group Centre, CRPF, Muzaffarpur 4. The Secretary Staff Selection Commission, Block No.12, CGO Complex, Lodhi Road, New Delhi 5. The Regional Director (CR) Staff Selection Commission, 8-AB, Beli Road, Allahabad-211002. …Respondents For the petitioner :Mr.Bindhyachal Singh & :Mr. Ram Binod Singh For the respondents :Mr.Raghib Ahsan, Asstt. Solicitor General ----------- 02. 23.08.2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General for the Respondent-Union of India. Petitioner was an applicant for the post of Constable/GD in Central Reserve Police Force (for short „CRPF‟). He was subjected to medical test on clearing physical eligibility test followed by a written test. The Medical Board found him unfit due to the following reasons: 1. Squint 2. DNS The said document is Annexure-2. In terms of clause 2 of the said communication, the petitioner obtained medical fitness certificate (Annexure-3 series) and filed his appeal within time along with required fee. Copies of postal orders are 2 Annexure-4 series. The appeal was sent through registered post on 18.01.2011, i.e. well before expiry of period of 15 days. Postal receipt is on record. This is what the petitioner has stated in paragraphs 12 and 13 of the writ petition: “That it is humbly stated and submitted that the petitioner sent his appeal on 18.01.2011 through registered post while the last date of receipt of memo of appeal was 30.01.2011, as such, the petitioner cannot be held liable for delayed receipt of the memo of appeal. That it is humbly stated and submitted that the petitioner is a diligent person, which is apparent from the fact that the order declaring him medically unfit was communicated to him 15.01.2011. He obtained the relevant certificates by 18.01.2011 and sent his appeal on 18.01.2011 itself, i.e., 12 days prior to the last date of submission of memo of appeal.” Learned counsel for the petitioner submits that for the fault of Postal Department, petitioner shall not be made to suffer. It is also contended that if the appeal of the petitioner for Review Medical Board is not considered on the said ground, he will lose opportunity of getting recruited in Force. Learned Assistant Solicitor General on going through the pleadings made in the application takes a fair stand that if the facts averred in the writ petition are true then the petitioner cannot be made to suffer. He, however, points out that certificate of fitness obtained by the petitioner finding him eligible for Review Medical Board is not as per the requirement of the Board. Having heard the parties and on perusal of materials on record, it appears that impugned order (Annexure-5) has been 3 passed by the respondents declining consideration of his appeal for Review Medical Board only on the ground that the appeal along with documents attached therewith were not received within the stipulated time (15 days). Considering the materials on record, particularly Annexure-4 series and averments made in paragraphs 12 and 13, this Court is satisfied that it would be wholly unjust on the part of the respondents to reject his appeal for subjecting him for Review Medical Board on the sole round that the appeal was received little beyond the prescribed period of 15 days. Accordingly, this Court directs the respondents, particularly respondents no.3 (Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Muzaffarpur) to consider the appeal of the petitioner on merit in accordance with law. Let such consideration be made by the said respondents within two weeks of receipt/production of a copy of the present order before the said respondent. Petitioner undertakes to appear before the said respondents along with a copy of the present order within three weeks from today. Needless to observe that if the petitioner is found medically fit by the Review Medical Board and he is otherwise eligible, then the respondents shall issue appointment letter in favour of the petitioner without further loss of time. hr ( Kishore K. Mandal )