IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18180 of 2011 ====================================================== Chandan Kumar, son of Pragas Upadhyay, resident of village and post office Baishadih, Police Station Piro, District Bhojpur .... .... Petitioner/s Versus 1. The Union Of India through the Director General of Central Reserve Police Force, C.R.P.F., Directorate C.G.O. Complex, r. K. Puram, New Delhi 2. The inspector General, Central Reserve Police Force, Bihar Sector, P.O. Digha, Patna 3. The Deputy Inspector General, Group Centre, C.R.P.F., Muzaffarpur, Bihar 4. The Deputy Inspector General Group Centre, C.R.P.F., Mokama Ghat, Bihar 5. The Commandant-93, BN Recruitment, Cell, Muzaffarpur 6. The Deputy Commandant (Adm.), Group Centre, C.R.P.F. Mokama Ghat, Bihar 7. The Senior Medical Officer, Composite Hospital, Group Centre, C.R.P.F., Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Respondent/s : Mr. Raghib Ahsan(Asst.Sg) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 2 15-10-2011 Heard learned Counsel for the petitioner and the learned Assistant Solicitor General for the respondent-Union of India and its officials. Petitioner is aggrieved by the communication dated 01.08.2011 (Annexure-3) whereby his appeal for subjecting him to Review Medical Board has been rejected on the ground that unfitness certificate issued by the authorities of the Central Reserve Police Force (for short ‘CRPF’) was not enclosed Patna High Court CWJC No.18180 of 2011 (2) dt.15-10-2011 2 / 3 2 with the memo of appeal. Petitioner was an applicant for the post of Constable (G.D.). It is his case that after clearing the Physical Eligibility Test followed by written test, he was subjected to Medical Fitness Test whereat he was declared unfit for the reason communicated therein. The said document is enclosed as Annexure-1. Petitioner thereafter got himself medically examined by Civil Assistant Surgeon, Sadar Hospital, Ara for the aforesaid disability/ailment. The Civil Assistant Surgeon, Sadar Hospital, Ara found the opinion of the doctor of CRPF as an error of judgment. The said document is Annexure-2. On the basis of the aforesaid fitness certificate, the petitioner preferred appeal within the prescribed time which has been rejected by the impugned communication (Annexure-3). Learned Counsel for the petitioner submits that on bare perusal of Annexure-1, it would appear that the petitioner was not required to enclose the said certificate. It is contended that if filing of the said certificate is one of the requirement(s) then the petitioner is ready to furnish the same within the time fixed by this Court and the authorities be directed to consider his appeal for being subjected to Review Medical Board in accordance with law. Learned Counsel for the respondent-Union of India supported the impugned action. Having heard the parties and on going through the Patna High Court CWJC No.18180 of 2011 (2) dt.15-10-2011 3 / 3 3 records, it appears that filing along with the memo of appeal the unfitness certificate was not specifically spelt out in the communication (Annexure-1). Learned Counsel for the petitioner seems to be right in his submission that fitness certificate granted by the Civil Assistant Surgeon, Sadar Hospital, Ara (Annexure-2) indicates that such medical examination and grant of fitness certificate was after declaring the petitioner medically unfit by the Medical Board of the CRPF. This Court is, thus, satisfied that the petitioner be given an opportunity to submit the Medical Unfitness Certificate (Annexure-1) within a specified period enabling the authorities to proceed to consider his appeal on its own merits in accordance with law. Let the petitioner furnish a copy of the Annexure-1 along with a copy of this order before the respondent no. 4 within a period of three weeks from today whereafter the said respondent shall arrange a Review Medical Board of the petitioner as quickly as possible preferably within a period of two weeks of filing the document. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Kishore K. Mandal, J)