IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12330 of 2011 Sarvesh Kumar S/O Late Raj Kishore Thakur R/O Village-Balchangama, P.O.+P.S.-Aurai, Distt.-Muzaffapur At Present Residing at Khabra (Das Tola) P.S.-Sadar Muzaffapur P.O.-Khabra Distt.-Muzaffapur-842001 ---Petitioner Versus 1. The Union Of India Through Inspector General Of Police, Bihar Sector Central Reserve Police Force Bihar, Patna 2. The Inspector General Of Police, Bihar Sector Central Reserve Police Force, Patna, Bihar 3. The Deputy Inspector General Of Police Group Centre Central Reserve Police Force, Jhapahar Muzaffapur, Distt.-Muzaffapur 4. The Commandant, Recruitment Board At Group Centre Central Reserve Police Force Jhapahar, Muzaffarpur, Bihar ---Respondents. ------------ 04 25.08.2011 Heard Mr. Atul Chandra, learned counsel for the petitioner and Mr. Raghib Ahsan, learned Assistant Solicitor General for the respondent. Petitioner was an applicant for the post of Constable- GD in Central Reserve Police Force (for short ‘CRPF’). It is the case of the petitioner that on being selected at the physical eligibility test followed by written test, he was subjected to medical fitness test whereat he was declared medically unfit for recruitment. The doctor attending on him found the petitioner suffering from following disabilities/ailments:- (i) Haemorrhoids (ii) Umbilical Hernia (iii) Flat Foot On preferring appeal thereagainst, he was again subjected to Review Medical Board. The Review Medical Board differed with the first report of the Medical Board and found that the petitioner was not suffering from Haemorrhoids and Umbilical Hernia but he was 2 suffering from Flat Foot. It is the submission of the petitioner that there is serious dispute between the opinion of the two Medical Boards with regard to his physical fitness status. It is contended that in the interest of justice the petitioner may be directed to be medically re- examined by doctor of recognized institution in presence of the doctor of the CRPF. It is also contended that in similar circumstance, this Court has directed for such fresh medical examination of the candidate. No counter affidavit has been filed on behalf of the respondent. Mr. Raghib Ahsan, learned counsel appearing on behalf of the respondent Union states that since there is sharp difference between the reports/opinion(s) of the two Medical Board(s) constituted by the CRPF, this court may direct for fresh medical examination of the petitioner by a Medical Officer of the IGIMS at Patna in presence of the doctor of the CRPF. Relying on order passed by this Court in M.J.C. No. 57 of 2011, it is contended that this Court in somewhat similar fact situation directed for such fresh medical examination on hearing the parties including the DIG, CRPF who was in attendance before the Court. Having considered the submissions of the parties and on going through the materials on record, this Court finds that there is sharp difference between the two reports of the Medical Board(s) constituted by the CRPF. The first Medical Board found him medically unfit for three reasons whereas the second/ Review Medical Board cleared him of his two physical ailments/disabilities. However, he was found medically unfit as the petitioner had flat foot. Petitioner 3 has been able to make out a case for his fresh medical examination. The application is, thus, disposed of by the following order:- Let petitioner appear before the respondent no. 3 (The Deputy Inspector General Of Police, Group Centre Central Reserve Police Force, Jhapahar, Muzaffapur, Distt.-Muzaffapur, Bihar) on or before 09th September, 2011 together with a copy of the present order when the said respondent shall inform him about the date on which he along with the Medical Officer of the CRPF has to appear before the doctors of the IGIMS, Patna for confirmation of his health/medical fitness status. It will be open to the petitioner to produce the other medical report respecting him on his physical fitness. The Medical Officer after medically examining the petitioner shall give his report taking into account all aspects of the matter whereafter the respondent shall take appropriate step in accordance with law. The application is disposed of in the aforesaid terms. Sym ( Kishore K. Mandal, J.)