IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5241 of 2011 Bhimsen Kumar, son of Sri Siya Ram Kumar, Resident of village- Singariama, Police Station – Shahjahanpur, District- Patna …………… Petitioner Versus 1. The Union of India 2. The Deputy Inspector General of Police, Central Reserve Police Force, Mokamaghat, Police Station – Mokama, Distt. Patna ………………… Respondents. ----------- For the petitioner: M/S. Ramesh Pd. Singh and Sanjay Kumar Singh, Advocates. For the UOI: Mr. Raghib Ahsan, ASG ----------- 2. 25.3.2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General. The petitioner seeks a direction on the respondent no.2, the Deputy Inspector General of Police, Central Reserve Police Force, Mokamaghat for conducting the review/re-medical examination of the petitioner. The petitioner applied for the post of C.T./G.D. in the CRPF. After the initial selection he was sent to the Medical Board which declared him unfit due to tortuosity prominent on calf area of left leg and scrotal swelling. The petitioner got himself examined on 21.1.2011 by Dr. J.P.Gupta, an Associate Professor of Surgery, PMCH, Patna who held that the 2 said findings of the CRPF Medical Officer is an error of judgment on the basis of report of ultrasonography of scrotum and color Doppler Study of left lower leg done at Chaudhuri Digital Imaging & Research Centre, Patna on 21.1.2011. The further case of the petitioner is that enclosing the aforesaid certificate he applied within 15 days for review/re-medical test but the same has been rejected by the impugned letter dated 25.2.2011 stating that the application has not been attached. Learned counsel for the petitioner submits that the application dated 24.1.2011 contained in Annexure-2 of the writ petition was duly attached by him when he sent the same to the authority of the CRPF along with other documents. Learned Assistant Solicitor General is unable to contest the stand of the petitioner that no particular form has been provided for filing an appeal/application for review/re-medical examination. In the above circumstances, this Court is of the view that the authorities of the respondent-CRPF have taken an extremely technical view of the matter 3 considering the fact that the petitioner has got himself medically re-examined by an Associate Professor of Surgery on the basis of ultrasonography and color Doppler study reports given by a leading digital imaging Centre of Patna. The writ application is accordingly allowed and the respondent no. 2, Deputy Inspector General of Police, Central Reserve Police Force, Mokamaghat is directed to refer the petitioner for review/re-medical examination within a period of three weeks from the date of receipt/production of a copy of this order. S.Pandey ( Ramesh Kumar Datta, J.)