IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6826 of 2011 DHANANJAY TIWARI, son of Ashok Tiwari, resident of village and P.O. Hussepur, P.S. Amnour, District- Saran. Versus 1. THE UNION OF INDIA through Secretary, Department of Home, Government of India, New Delhi. 2. The Director, C.R.P.F., Directorate Central Reserve Police, C.G.O. Complex, New Delhi. 3. The Deputy Director, Group Centre, C.R.P.F., Muzaffarpur. 4. T.K. Solanki, Deputy Commandant, C.R.P.F., Member-1, Recruitment Board, Muzaffarpur. 5. Dr. P.R. Kushwaha (S.M.O.), Medical Member, Recruitment Board, G.C. Muzaffarpur. 6. Dr. Anil Kumar Singh, M.S. (Ortho), Civil Assistant Surgeon, Sadar Hospital, Chapra………….. Respondents. ----------- For the petitioner: Mr. Abhimanyu Sharma, Advocate Mr. Sanjay Kumar Singh, Advocate For U.O.I.: Mr. Raghib Ahsan, Asstt. S.G. ------------ 2. 20.4.2011 Heard learned counsel for the petitioner and learned Central Government Counsel. The petitioner being a candidate for appointment on the post of CT/GD in the C.R.P.F., Muzaffarpur was selected subject to medical fitness. The Medical Officer of the Recruitment Board declared him unfit on the ground of Hyper Extension of both elbows and B/L Varicose Vein. Aggrieved by the same, the petitioner in terms of the letter of rejection filed an appeal for being examined by a Review/Appeal Medical Board. He was sent to Review Medical Board on 6.3.2011, but the result of the same has not been communicated to him. It is also the case of the petitioner that as - 2 - per the Brochure regarding medical fitness supplied to him, the requirement is only that the General candidates should not have knock knee, flat foot, varicose vein or squint in eyes and they should possess high colour vision but Hyper extension of both elbows is not a ground for medical disqualification and a candidate cannot be declared unfit on the said ground. In the above circumstances, the writ application is disposed of with a direction to the respondent authorities of the C.R.P.F. to communicate to the petitioner the recommendation of the Appeal/Review Medical Board within a period of two weeks from the date of receipt of a copy of this order. While doing so, the authorities shall consider the contention on behalf of the petitioner that Hyper Extension of both elbows is not a ground for medical disqualification and dispose of the same in accordance with law. VPS ( Ramesh Kumar Datta, J. )