IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5997 of 2011 Nitesh Kumar Yadav, Son of Sri Raja Ram Yadav, resident of village- Muiyan, P.S. Jiradeyee, Dist- Siwan --- Petitioner Versus 1. The Director General, Central Reserve Police Force, New Delhi. 2. The Inspector General, Central Reserve Police Force, Bihar Sector, Patna. 3. The Deputy Inspector General, Central Reserve Police Force, Group Centre, Muzaffarpur. --- Respondents. -------- 06 25.08.2011 Heard Mr. Vinay Ranjan, learned counsel for the petitioner and Mr. Raghib Ahsan, learned Assistant Solicitor General for the respondent(s). Petitioner was an applicant for the post of Constable- GD in Central Reserve Police Force ( for short ‘CRPF’). It is his case that on being selected in 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) Flat Foot (ii) Haemorrhoids Petitioner preferred appeal before the authorities of the respondent CRPF, as per the liberty granted in the communication declaring him medically unfit (Annexure-1). It is case of the petitioner that he got himself examined by a Medical Officer of the State Government whereafter he was found medically fit for the said post. Armed with the aforesaid certificate, he filed appeal for subjecting him to Review Medical Board. The Review Medical Board also found him unfit. The petitioner approached this Court raising a grievance 2 that there is apparent conflict of opinion of the two medical boards, and as such, in the ends of justice, his re-medical examination be ordered by constituting a fresh Medical Board. A counter affidavit on behalf of the respondent has been filed enclosing therewith the report of the Review Medical Board. It appears, on perusal of the report of the Review Medical Board that the Board did not find the petitioner suffering from Flat foot but he was found suffering from Haemorrhoids, and as such, he was again declared medically unfit. Learned counsel for the petitioner states that in the interest of justice this Court may directs for his fresh medical test by doctor(s) of recognized medical institution. Learned counsel for the respondent Union takes a stand, in my view fairly, that in similar circumstance where the Medical Board initially found the candidate unfit for more than one reasons and the Review Medical Board differed in respect of one of those reasons and found medically unfit for another reasons, this Court directed for re- medical examination by the Medical Officer at the IGIMS, Patna in presence of the Medical Officer of the CRPF. He submits that said view was taken by this Court in M.J.C. No. 57 of 2011, after hearing the D.I.G., CRPF, who was present in Court. Having considered the submissions of the parties and on going through the materials on record, this Court finds that there is difference of opinion, to some extent, between the opinion(s) of the Medical Board and the Review Medical Board. For sake of justice, petitioner is required to be medically re-examined by the Medical 3 Office at the Indira Gandhi Institute of Medical Science, Patna in presence of the Medical Officer of the CRPF duly assigned for the purpose by the respondents. On such medical re-examination, if he is cleared by the doctors of the IGIMS, Patna as suffering from no ailment/ disability rendering him unsuitable for service in the force then his candidature for appointment shall be considered by the respondent authorities in accordance with law. Let the petitioner appear before the respondent no.3 (The Deputy Inspector General, Central Reserve Police , Group Centre, Muzaffarpur) on or before 09th of September, 2011, 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 place before the Medical Officer examining him in pursuance of the present order, earlier reports respecting his health/fitness status. The application is disposed of in the aforesaid terms. Sym ( Kishore K. Mandal, J.)