IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18236 of 2010 Niraj Kumar son of Ram Pulish Singh, resident of village Dhela bad, P.S. Rohtas, District Rohtas Versus 1. The Union Of India, through the Defence Secretary, New Delhi 2. The Commandant, Dighi Camp, Pune 3. The Recruitment Medical Officer, GREF, Centre, Dighi Camp, Pune 4. The Rtd. Wing (Internal), GREF, Centre Dighi Camp, Pune- 411015 5. Dr. S.S.Mishra, Military Hospital, Kirkee, Pune-20 6. The Senior Adm Officer, GREF Centre Dighi Camp Pune 02/ 04.11.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner has been boarded out from the GREF Centre, Dighi Camp, Pune. He is aggrieved by the order dated 3.9.2010, Annexure-6 passed by the Senior Administrative Officer for and on behalf of the Commandant, whereunder he has been declared medically unfit in view of the report dated 30.6.2009. 3. It is submitted on behalf of the petitioner that the report of the specialist of the Military Hospital, Kirkee dated 30.6.2009 is not honest opinion of the physical condition of the petitioner and such submission is being made with reference to the certificate granted by Dr. Mahendra Singh, Professor and Head of Department, Urology, I.G.I.M.S., - 2 - Sheikhpura, Patna dated 18.5.2009, Annexure-1, perusal whereof indicates that Dr. Mahendra Singh has declared the petition fit for daily duties. 4. As there is conflicting opinion about the fitness of the petitioner, one contained in the certificate dated 30.6.2009 of the Medical Specialist at the Military Hospital, Kirkee and other contained in certificate dated 4.8.2009 by Dr. Mahendra Singh, Professor and Head of Department, I.G.I.M.S., Urology Department, Sheikhpura, Patna, I grant liberty to the petitioner to assail order dated 3.9.2010, Annexure-6, passed by the Senior Administrative Officer for Commandant, GREF Centre, Dighi Camp, Pune, before the next higher authority, who shall dispose of the request of the petitioner as early as possible, in any case within one month from the date of receipt of the request along with a copy of this order. 5. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)