IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7981 of 2011 UPENDRA KUMAR, S/O- SHRI ISURENDRA RAM, R/O- VILLAGE + P.O.- SADIKPUR, P.S.- MANER, DISTRICT- PATNA. Versus 1. THE UNION OF INDIA 2. THE DIRECTORATE OF ASSAM RIFLES, REPRESENTED THROUGH THE DIRECTOR GENERAL, ASSAM RIFLES, SHILONG-11. 3. THE DIRECTOR GENERAL, ASSAM RIFLES, SHILONG-11. 4. THE ADDITIONAL DIRECTOR GENERAL, ASSAM RIFLES, SHILONG-11 5. THE BRIGADIER (PERS.) ASSAM RIFLES, SHILONG-11 6. THE MEDICAL OFFICER, A.R. RECT. RALLY, DANAPUR (BIHAR). For the petitioner : Mr. Prakash Srivastava, Advocate. ----------- 3 21.06.2011 Heard learned counsel for the petitioner. No body has appeared on behalf of respondent Union of India and its authorities. By order dated 5.5.2011, counsel for the Central Government was directed to take instruction and file counter affidavit. No counter affidavit is on record. Petitioner seeks a direction upon the respondents to appoint him on the post of G.D.(SC). According to the writ petition, the petitioner was selected by the Selection Committee whereafter he was subjected to medical test. The Medical Board issued temporary medical unfit certificate (Annexure-2) which recites as under:- THIS IS TO CERTIFY THAT CHEST NO. 0159 NAME UPENDRA KUMAR S/O- SURENDRA RAM HAS BEEN DECLARED TEMPORARY MEDICAL UNFIT DUE TO EAR WAX HE IS ADVISED TO REVIEW/UNDERGO TREATMENT OF THE ABOVE AILMENT/DISABILITY AT HIS OWN EXPENSE BY A RECOGNIZED SPECIALIST FROM GOVT HOSPITAL MEDICAL COLLEGE AND GET A 2 FITNESS CERTIFICATE WITHIN 42 DAYS FROM THE DATE OF ISSUE OF THIS CERTIFICATE. 2. HE IS FURTHER ADVISED TO REPORT TO ASSAM RIFLES TRAINING CENTRE AND SCHOOL DIMAPUR (NAGALAND) ONLY ON RECEIPT OF APPOINTMENT LETTER FROM ASSAM RIFLES TRAINING CENTER AND SCHOOL DIMAPUR. HE MUST BE IN POSSESSION OF HIS TREATMENT DOCUMENT AND FITNESS CERTIFICATE FOR THE DISABILITY/AILMENT FOR WHICH HE WAS DECLARED TEMPORARY MEDICAL UNFIT” Petitioner thereafter got himself treated of the said ailment at P.M.C.H., Patna and obtained a certificate which was submitted before the authorities. Since some documents were lacking, the petitioner was advised to obtain another medical fitness certificate from the Medical College. It is the case of the petitioner that he again got himself medically examined and got a certificate of medical fitness issued which was submitted to the authorities. It appears that the authorities by a communication dated 13.12.2010 (Annexure-4) directed the petitioner to report to the Assam Rifles Hospital, Happy Valley, Shilong on 30.12.2010 for his assessment. This is what the petitioner has pleaded in paragraph Nos. 9 and 10: “9. That it is relevant to state here that the petitioner on scheduled date as mentioned in the letter dated 13.12.2010 (Annexure-4) reported before the Assam Rifles Hospital, Happy Valley, Shilong and thereafter continuously remain there. The Medical Board was constituted in the C.R.P.F. Camp Guwahati and the Medical Report of the petitioner confirmed regarding the outcome from T.M.U. In other words, the petitioner was declared fit by the Medical 3 Board of the C.R.P.F., Guwahati. 10. That it is relevant to state here that the petitioner was directed by the Respondent Authorities that he has been declared fit by the Medical Board, so the letter of appointment shall be transmitted at his residential address, so as per direction issued by the Respondent Authorities, the petitioner returned back on 26.01.2011. But, it is extremely sorry to say that no letter of appointment has yet been issued in favour of the petitioner, hence the petitioner left with no option than to invoke the jurisdiction of this Hon'ble Court.“ In view of the pleadings on record, this Court is inclined to dispose of the present writ petition by the following order: The authorities shall verify the stand of the petitioner in paragraph Nos. 9 and 10 and if they are borne out from the records then the appointment letter shall be issued to the petitioners within 04 weeks from the date of receipt/production of a copy of this order. If the facts are otherwise, then the authorities shall communicate the decision of the authority to the petitioner within the aforesaid time. pkj ( Kishore K. Mandal, J)