IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8307 of 2011 Agnivesh Kumar Yadav, son of Niranjan Prasad Yadav, Resident of Gosaidaspur, P.S. Nathnagar, District-Bhagalpur Versus 1. The Union of India through Secretary Home Affairs, Govt. of India 2. The Secretary, Home Affairs, Govt. of India, New Delhi 3. The Director General of Police, CRPF, New Delhi 4. The Deputy Director General of Police Group Centre, Reserve Police Force, Muzaffarpur, Bihar 5. The Medical Officer, Rectt. Board, CTCD Male-Femail- 2010-11, Jhaphan Muzaffarpur ----------- For the petitioner: Mr. Shiva Shanbkar Pd. Singh, Advocate For the respondents: Mr. Raghib Ahsan, ASG. ----------- 2. 9.5.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner having been selected for the post of constable/GD was sent before the Medical Board and was declared unfit by the Medical Officer of the Recruitment Board, CRPF, Muzaffarpur on the ground of knock knee which was informed to the petitioner by letter dated 16.1.2011 wherein it was stated that he could file appeal within fifteen days after complying with the conditions given therein. The petitioner after complying with the conditions and with all relevant papers filed an appeal which was sent by registered post on 22.1.2011, i.e., well within time. However, it is stated that the envelope was returned 2 without even opening with a stamp stating “time ward”. The intention probably was to say that the appeal was received beyond time and was time barred. In any view of the matter, considering the materials brought on the record by the petitioner including the post office registration receipt, it is evident that the petitioner has complied with the requirement of filing the appeal well within the time given for the said purpose and thus it was not open to the authorities to have rejected his appeal for sending him to a review Medical Board without even looking into his application. In the aforesaid circumstances, the writ petition is allowed and the respondent no.4, Deputy Director General of Police, Group Centre, Reserve Police Force, Muzaffarpur is directed to refer the petitioner to the review Medical Board within two weeks from the date of receipt/production of a copy of this order. The selection of the petitioner shall abide by the recommendation of the review Medical Board. S.Pandey ( Ramesh Kumar Datta, J.)