IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4875 of 2011 Rajesh Kumar Yadav son of Namonarayan Yadav resident of village Bhikshuk Ke Dera Post Barka Rajpur P.S. Simri, Dist.- Buxar. ---Petitioner. Versus 1. The Union Of India, through the Secretary Ministry of Home Affairs. 2. The Deputy Inspector General of Police, Central Reserve Police Force, Jhaphan, Muzaffarpur ( I.I.G.P.G.C.C.R.F.) Muzaffarpur, Bihar. 3. The member of Medical office of the Recruitment Board, C.R.P.F. Muzaffarpur. 4. The member of Review Medical Board, C.R.P.F. Muzaffarpur. 5. Dr. N.K.Singh, P.P.D. Nose, Ear and Eyes Department, P.M.C.H. Patna. 6. Dr. A.K.Singh, P.P.D. Nose Ear and Eyes Department, P.M.C.H. Patna. 7. Dr. R. N. Suman, M.S. Ortho Associate, Prof. P.M.C.H. Patna. 8. Dr. R.R. Suman M.S. Ortho Associate Prof. P.M.C.H. Patna. ---Respondents. ---------------------------------- 07 30.09.2011 Heard learned counsel for the petitioner. Nobody has appeared on behalf of the respondent. In spite of adequate indulgence(s) granted to the respondent(s) no counter affidavit has been filed. Petitioner was an applicant for the post of Constable GD ( Male) in the Central Reserve Police Force ( for short „CRPF‟). It is the petitioner‟s case that he cleared the physical eligibility test followed by written test whereafter he was subjected to medical fitness test. At the said test he was declared unfit for the following reasons:- (i) Knock Knee (ii) Marked DNS (Rt). Petitioner thereafter got himself medically examined by the doctor specialized in E.N.T. as well as Orthopedic at Patna 2 Medical College Hospital whereafter he was found medically fit for the job/service. The relevant document is Annexure-2. On an application being filed for subjecting him to Review Medical Board, the authorities by communication dated 23.02.2011 (Annexure-3) summoned him for his appearance before the Review Medical Board on 03.03.2011. The petitioner has asserted as under in para 9:- “9. That it is stated that the petitioner appeared before the Review Medical Board on the fixed date and time alongwith the certificate granted by the Doctors of P.M.C.H. and other relevant documents but unfortunately the members of the Review Medical Board ignoring the certificate granted examination conducted and opinion expressed, by the doctors of P.M.C.H. Patna, found and declared the petitioner unfit for the post of CT/ G.D.( Male/Female) in C.R.P.F. on the same basis which is arbitrary, illegal, malafide and against the principal equity and principal of natural justice.” Learned counsel submits that the petitioner was not furnished any document declaring him medically unfit at the Review Medical Board. It is also contended that while doing so the authorities did not take into consideration the medical fitness certificate obtained by the petitioner (Annexure-2). In this regard, learned counsel for the petitioner has placed reliance on the judgment of this Court since reported in PLJR 2011(1) 357 ( Dharmendra Singh vs. Union of India & Ors.). This Court, thus, is satisfied that the matter requires re- consideration by the authorities. Let the petitioner appear before the respondent no.2 (Deputy Inspector General of Police, Central Reserve Police Force, Jhaphan Muzaffarpur) within a period of 04 weeks from today along with a copy of the present order as well as the representation whereafter the 3 said respondent shall arrange a fresh Review Medical Board for the review medical test of the petitioner as quickly as possible and thereafter take appropriate decision in accordance with law. Sym ( Kishore K. Mandal, J.)