IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15671 of 2011 Dhananjay Tiwari son of Ashok Tiwari, resident of village and P.O. Hussepur, P.S. Amnour, Saran …Petitioner Versus 1. The Union of India through Secretary Department of Home, Govt. of India, New Delhi 2. The Director , CRPF, Directorate, Central Reserve Police, CGO Complex, New Delhi 3. The Dy. Inspector General of Police, Group Centre CRPF, Muzaffarpur, Bihar 4. T.K. Solanki, Deputy Commandant, CRPF, Member-1, Recruitment Board, Muzaffarpur 5. Dr. P. K. Kushwaha(S.M.O.) Medical Member, Recruitment Board, G.C. Muzaffarpur …Respondents ----------- 03. 25.10.2011 Heard learned counsel for the petitioner and learned counsel for the Respondent-Union of India. Petitioner was an applicant for the post of Constable/GD (Male) in Central Reserve Police Force (for short ‘CRPF’). It is the case of the petitioner that he was subjected to physical eligibility test followed by written test whereat he was found successful. Petitioner was thereafter subjected to medical fitness test by a Board of doctors. Said Board under report dated 9.01.2011 (Annexure-2) found him unsuitable for the post in question on account of Hyper extension of both elbows and B/L Varicose Vein. Petitioner was required to file appeal thereagainst after obtaining the medical fitness certificate. Petitioner thereafter examined himself by Civil Assistant Surgeon, Sadar Hospital, Chapra (Annexure-3) who, after medical examination of the petitioner, found the opinion of the Medical Board of the CRPF as error of judgment. Armed with aforesaid medical fitness certificate, he filed appeal whereafter 2 the authority by communication contained in Annexure-4 directed the petitioner to appear before Review Medical Board on 6.3.2011. Petitioner appeared before the Review Medical Board result whereof was not made aware to him which propelled him to approach this Court by filing CWJC No. 6826 of 2011. This Court, by a proceeding dated 20.04.2011 (Annexure-5) disposed of the matter in the following terms:- “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.” Petitioner filed a representation before the authority whereafter the authority by a communication dated 20.6.2011 (Annexure-7) informed the petitioner that Review Medical Board found him fit for the disability earlier noticed under the caption ‘B/L Varicose Vein’. However, the Review Medical Board again found him medically unfit on account of Hyper extension of both elbows. Petitioner thereafter again examined himself of the aforesaid disability by the doctor of IGIMS who, on examination, found the aforesaid opinion of the Review Medical Board as an error of judgment. Petitioner has asserted as under in para 21 of the writ petition:- “That the petitioner is ready for being examine by a Medical board duly 3 constituted by the order of this Hon’ble Court and will meet the expenses of the medical Board.” Learned counsel for the petitioner submits that in view of the aforesaid, the application merits a direction upon the respondents to constitute a fresh Medical Board consisting of doctors of the CRPF as well as IGIMS for examination of his medical fitness for the post in question. This matter was taken up on 14.9.2011 when learned counsel for the Respondent-Union of India was granted time to take instruction and file counter affidavit. No counter affidavit has been filed. Mr. Ahsan, learned counsel for the Union of India, on going through the averments made in the writ petition and the stand taken by the petitioner, contends that if the petitioner is ready and willing to bear the cost of the constitution of fresh Medical Board consisting of doctors of CRPF as well as IGIMS, and keeping in focus the opinion of the Review Medical Board which cleared him of one of the two disabilities earlier found (Annexure-7), this Court may dispose of the matter. Having heard the submissions of the parties and on going through materials on record, this Court is satisfied that present application be disposed of by the following order:- Let the petitioner approach the respondent-Dy. Inspector General of Police (respondent no.3) within four weeks from today and file an application along with a copy of the present order for constitution of a fresh Medical Board. Said 4 respondent shall thereafter take appropriate action/step to constitute a Medical Board consisting of at least 02 doctors, one of the CRPF and another one of IGIMS, Patna within 03 weeks thereafter. The petitioner will be made to appear thereat for examination of his medical fitness. After obtaining the opinion of the Medical Board, the respondent shall take appropriate decision in accordance with law. Bearing of cost to be incurred in arranging fresh Medical Board is left to the discretion of the authority. hr ( Kishore K. Mandal )