IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5685 of 2011 1. Abhimanu Kuwar, s/o- Sri Shyam Bahadur Kuwar, r/o- village- Phulwaria, P.S.- Raghunathpur, District- Siwan. 2. Rakesh Kumar, s/o- Sri Raj Narayan Yadav, r/o- village Masudaha, P.S.- Ander, District- Siwan. 3. Mukesh Kumar Rai, s/o- Sri Jyantri Rai, r/o- village Dhebawa, P.S.- Gopalpur, District- Gopalganj. 4. Ranjan Kumar Tiwary, s/o- Birendra Tiwari, r/o- village Maksudpur, P.S.- Uchakagaon, District- Gopalganj. 5. Sudhanshu Sekhar Kumar, s/o- Sri Chandra Kishore Das, r/o- village Bhaluhar, P.S.- Amarpur, District- Banka. 6. Vikash Kumar, s/o- Sri Lalan Prasad, r/o- village Nadanw, P.S.- & District- Buxar 7. Shrawan Kumar, s/o- Sri Ganesh Sah, r/o- village- Rampurani, P.S.-Mahua, District- Vaishali. 8. Sanjeev Kumar, s/o- Late Ganouri Paswan, r/o- village Chutia, P.S. + District- Banka. 9. Bhupendra Kumar, s/o- Kankaiya Prasad Rajak, r/o- village & P.S.- Dhansoiu, District-Banka. 10. Deepak Kumar, s/o- Tirthnath Prasad, r/o- Agarsanda Behara, P.S.- Mufasil, District-Arrah. 11. Brij Kishore Prasad, s/o- Sri Bhagwat Paswan, village Jawahi, P.S.-Brahampur, District-Buxar. 12. Hareram Kumar, s/o- Bhagwat Paswan, village- Janwasi, P.S- Itharhi, District-Buxar. ….. Petitioners Versus 1. The Union Of India through the Director General of Police, Central Reserve Police Force, New Delhi. 2. Director General of Police, Central Reserve Police Force, New Delhi. 3. Inspector General of Police, Central Reserve Police Force, Bihar Sector,Patna. 4. Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Muzaffarpur. ….. Respondents ---------------------------------- 4 05.08.2011 Heard Mr. Manish Kumar for the petitioner and Mr. S.K. Sharma for the Union of India. Learned counsel for the petitioner submits that during the pendency of this application, petitioner No. 9 (Bhupendra Kumar ) died. It is also submitted that the present case shall not be pressed so far as petitioner No. 6 ( Vikash) is concerned. 2 Accordingly, the present application survives only in respect of petitioner Nos. 1 to 5, 7, 8 and 10 to 12. Petitioners were applicants on the post of Constable (GD) in the Central Reserve Police Force (for short “the C.R.P.F.”). They were called in for physical test. On clearing the said test they were subjected to written test. Petitioners cleared the written test. It is the case of the petitioners that thereafter they were subjected to Medical Fitness Test in which they were found/held medically unfit and they were informed accordingly. Specimen copy of such communication has been enclosed as Annexure-4. Learned counsel submits that the said communication itself gives liberty to the petitioners to file appeal thereagainst. It is the case of the petitioners that in terms of the aforesaid contemplation in the letter (Annexure-4), they got themselves re-examined by doctors whereafter they were held medically fit to be appointed on the post of Constable. Accordingly, they filed appeal together with the certificates of fitness as well as required fee. The respondents have not allowed them to appear for Review Medical Board leading to filing of this application. A counter affidavit has been filed on behalf of respondent C.R.P.F.. A stand has been taken by the respondents that the application(s) seeking Review Medical Board was/were reached beyond 15 days as contemplated in the communication as contained in Annexure-4. It appears on perusal of the statement made in paragraph 4 that the applications of the petitioners 3 was/were delivered to the respondent one to three days beyond 15 days, the time provided for submitting such application(s). Learned counsel for the petitioners submits that for the fault of the Postal Department, they should not be penalized, particularly when the Review Medical Board is still going on. Learned counsel submits that in the interest of justice, they may be allowed to appear in the Review Medical Board. Learned counsel for Union of India admits that against the declaration of Medical Unfitness, an appeal is to be preferred and the candidates are required to be subjected to Review Medical Board. He does not dispute that the petitioners annexed all the required documents as also fee therefor. Having heard the parties, this Court is satisfied that for the fault of the Postal Department in delivering their applications few days beyond the time, the petitioners, in the interest of justice, cannot be debarred from appearing before the Review Medical Board. This Court, thus, allows the application in the following terms: Let the petitioners approach the respondent No. 4 (Deputy Inspector General of Police, C.R.P.F., Muzaffarpur.) within three weeks along with a copy of the present order whereafter the said respondent shall permit the petitioners to appear before the review Medical Board as quickly as possible. pkj (Kishore K. Mandal, J.)