IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12096 of 2010 Jeevan Kumar S/O Rajendra Prasad R/O Vill Mahsaura, P.O. Mahsaura, P.S. Ramgarh Chowk, Dist Lakhisarai Versus 1. The Union Of India through the Director General of Police, C.R.P.F., R.K. Puram, New Delhi 2. The Director General of Police, Bihar Sector, C.R.P.F., Patna 3. The D.I.G.P. (G.C.), C.R.P.F., Jhapha, Muzaffarpur 4. The Director General of Police (Medical), Composit Hospital, C.R.P.F., New Delhi 5. The incharge, Medical Officer, Composit, Hospital, C.R.P.F., Jhapha, Muzaffarpur For the Petitioner :M/s Rajeev Ranjan No.1 & Sudhir Kumar Singh, Advocates For the Union of India :Mr. Dwivedy Surendra, Central Govt. Counsel 03/ 03.08.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner was an applicant for the post of Constable (G.D.) in the C.R.P.F. His candidature was rejected on medical grounds under unfitness certificate dated 17.1.2010, Annexure-2 to this application, perusal whereof indicates that he was suffering from Squint in left eye and Haemorrhoids. Petitioner after being declared medically unfit, got himself examined by the Medical Officer posted in the Sadar Hospital, Lakhisarai, who having examined the petitioner found that he suffers neither from Squint in left eye nor Haemorrhoids and, accordingly, issued certificate declaring him fit, which is dated 23.1.2010. In the light of the findings contained in the certificate dated 23.1.2010, petitioner filed his appeal and requested the authorities at Group Centre C.R.P.F., Muzaffarpur to arrange for his fresh medical examination by the Review Medical Board. In the light of the request of the petitioner, instructions were issued under letter dated 10.2.2010, - 2 - Annexure-4 directing him to appear at the Composite Hospital, C.R.P.F., New Delhi on 24.2.2010 where petitioner appeared and was examined by the doctors, but the result of the medical examination was not disclosed. Later, under letter dated 1.4.2010, Annexure-5, petitioner was asked to appear again for fresh medical examination on 14.4.2010 at Composite Hospital, Group Centre, C.R.P.F., Muzaffarpur. Petitioner in compliance of such instruction, again appeared before the Doctor of the Composite Hospital, Group Centre, C.R.P.F., Muzaffarpur on 14.4.2010 and was examined. Under letter dated 23.6.2010, Annexure-7, petitioner has been informed that after being examined at the Composite Hospital, C.R.P.F., New Delhi on 24.2.2010 he was found fit only in respect of the eyes, but suffers from Haemorrhoids as has been confirmed after he was examined at Composite Hospital, Muzaffarpur on 14.4.2010. Petitioner contest such finding not only on the basis of the certificate of the Medical Officer, Sadar Hospital, Lakhisarai dated 23.1.2010, but also the certificate of the Doctor of Patna Medical College and Hospital, Patna dated 1.6.2010, Annexure-8, wherein it has been specifically stated that petitioner does not suffer from Haemorrhoids. 3. Counsel for the Union of India opposed the prayer made in the writ application. He states that in terms of the Appointment Rules, any person adjudged medically unfit can be reconsidered only once and not twice. 4. From the records itself, it appears that petitioner has been examined thrice, once initially at Composite Hospital, Muzaffarpur on - 3 - 17.1.2010 when he was found unfit on the grounds of Squint in the left eye and Haemorrhoids whereafter he was examined for the second time in the Composite Hospital, C.R.P.F., New Delhi and third time he has been examined by the Composite Hosspital, C.R.P.F., Muzaffarpur, as such, on their own showing contention of the learned counsel for the Union of India that there is no provision of third medical examination, does not appear to be correct. Petitioner having been examined at New Delhi for the purposes of verifying whether he suffered Squint in left eye, should have been examined by other Doctors for Haemorrhoids. 5. Accordingly, medical examination made in the case of the petitioner on the third occasion at Muzaffarpur on 14.4.2010 does not inspire confidence and the result communicated under letter dated 23.6.2010, Annexure-7 is quashed with direction to the D.I.G., C.R.P.F., Muzaffarpur to ensure fresh medical examination of the petitioner to verify whether he is suffering from Haemorrhoids at the Composite Hospital, C.R.P.F., New Delhi within one month from the date of receipt/ production of a copy of this order before the D.I.G., C.R.P.F., Muzaffarpur. 6. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)