IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11400 of 2011 Pankaj Kumar son of Vinod Singh, resident of village Samahuta P.S. Amba, district Aurangabad …Petitioner Versus 1. The Union of India through its Secretary Department of Home, Govt. of India, South Block, New Delhi. 2. D.I.G. Group Centere, Central Reserve police Force, Mokama, Patna …Respondents For the petitioner : Mr. Binod Kumar Singh For the respondents : Mr.Raghib Ahsan, A. S.G. ----------- 02. 15.07.2011 Heard learned counsel for the petitioner and Mr. Raghib Ahsan, learned Assistant Solicitor General appearing on behalf of the Respondent-Union. Petitioner assails the communication as contained in annexure-6, the contents whereof are as under: Þfo’k; %& flikgh@th Mh ds in ij HkrhZ gsrq fjC;w esfMdy ds laca/k esa A d`i;k vkids izkFkZuk i= fnukad “kwU; tks fd bl dk;kZy; fnukad 28@3@2011 dks izkIr gqvk dk lanHkZ xzg.k djsaA 2- mDr fo’k; esa vkidks lwfpr fd;k tkrk gS fd vkidks flikgh@thMh in ij fjC;w esfMdy ijh{k.k gsrq bl dk;kZy; ds lela[;d i= fnukad 20@2@2011 }kjk lwfpr fd;k x;k Fkk fd vki fnukad 28@2@2011 dks fjC;w esfMdy gsrq dEiksftV gkWLihVy eqt¶Qjiqj esa mifLFkr gksA mDr i= Mkd foHkkx dh ykijokgh ds dkj.k vkidks fnukad 17@3@2011 izkIr gqvk] ftlesa bl foHkkx dh dksbZ xyrh ugha gSA 3- pwWfd fjC;w esfMdy gsrq fu;qDr cksMZ dh dk;Zokgh lekIr gks pqdh gSA vr% bl fo’k; ij dksbZ dk;Zokgh ugha dh tk ldrhA vkidks lwpukFkZ izsf’kr gSAÞ It appears that petitioner was an applicant for the post of Constable (G.D) in CRPF. On his clearing the physical test as well as written test, he was subjected to medical fitness test/examination. The respondents found him medically unfit 2 which was communicated to him by communication dated 20.01.2011 (Annexure-2). Said communication states that petitioner would be at liberty to file appeal for review/re-medical test/examination. Accordingly he got himself again medically examined and after having obtained a fitness certificate, filed appeal. The respondents by communication dated 20.02.2011 (Annexure-5), informed him to appear at the review/re-medical Board/test. It is the stand of the petitioner that the said communication was not received within time which prevented him from appearing at the said test/examination. The contention of the petitioner is that in the present facts situation, he may be granted an opportunity to appear before the review medical board which, according to him, is still being held. Learned counsel for the Respondent-Union of India, on going though the contents of the impugned order/communication, states that the factum of delay in delivery of the communication (Annexure-5) is somewhat admitted and, as such, this Court, in the interest of justice, may grant opportunity to the petitioner. Having considered the submissions and appreciating the fair stand taken by learned counsel for the Respondent- Union, this Court disposes of the writ application by the following order: “Let the petitioner appear before the respondent no.2 (D.I.G. Group Centere, Central Reserve 3 Police Force, Mokama, Patna) within two weeks along with a copy of the present order whereafter the said respondent shall arrange his review medical test/examination as quickly as possible.” hr ( Kishore K. Mandal )