IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7758 of 2010 DEEPAK KUMAR CHAUDHARY S/O SHRI BAIDYANATH CHAUDHARY R/O VILL.- MANIGACHI, PURANI BAZAR P.S. AND P.O.- MANIGACHI, DISTT.- DARBHANGA, AT PRESENT RESIDING C/O T.N. MALLICK- 401, MADHUJ APARTMENT, VIJAY NAGAR, PATEL CHAUK, RUKANPURA, BAILEY ROAD, PATNA Versus 1. THE UNION OF INDIA 2. THE INSPECTOR GENERAL OF POLICE CENTRAL RESERVE POLICE FORCE, GROUP CENTRE, MUZAFFARPUR, BIHAR 3. THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTRE, CENTRAL RESERVE POLICE, FORCE, MUZAFFARPUR, BIHAR 4. THE COMMANDANT RECRUITMENT BOARD AT GROUP CENTRE CENTRAL RESERVE POLICE FORCE, MUZAFFARPUR For the Petitioner : Mr. Atul Chandra, Advocate. For the Union : Mr. Shiv Kumar, CGC. ----------- 02. 11.05.2010 Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is applicant for the post of Constable(GD)(Male) in the CRPF. He appeared in the selection process and became successful in physical and as well as written test. Later he was found to be medically unfit, as is evident from intimation letter dated 19.1.2010, Annexure-2. Perusal of letter dated 19.1.2010 indicates that there was defect of distant vision and hydrocele left side. From the unfitness certificate itself, it is evident that petitioner was allowed liberty to file appeal after having become medically fit. 3. It is submitted on behalf of the petitioner that he was declared medically fit by the Medical Officer, Rajendra Nagar Hospital, 2 Patna and by Dr. Sahjanand Prasad Singh, Lecturer, Department of Surgery, PMCH, Patna who operated him for hydrocele. The two certificates are contained in Annexure-3 series. With reference to the two certificates petitioner filed appeal before the DIGP, CRPF, Group Centre, Muzaffarpur, respondent no.3 vide appeal dated 29.1.2010, Annexure-4. It is submitted that appeal was dispatched for service on the appellate authority through speed post. The receipt is dated 29.1.2010 and the appeal was actually delivered in the office of the DIGP on 3.2.2010, as is evident from the same receipt, Annexure-7. It is also submitted that appeal is not being considered as the same was received in the office of the DIGP after the time fixed for its receipt, which is evident from letter dated 23.3.2010, Annexure-6 addressed to Sri Atul Chandra the advocate of the petitioner. 4. Having heard counsel for the petitioner and the Union of India, I direct the DIGP, CRPF, Group Centre, Muzaffarpur, respondent no.3 to consider the appeal of the petitioner in the light of the fitness certificate granted by the Medical Officer, Rajendra Nagar 3 Hospital, Patna and by Dr. Sahjanand Prasad Singh, Lecturer, Department of Surgery, PMCH, Patna, Annexures-3 series by subjecting him to appear before the Review Medical Board, as early as possible, in any case within one month from the date of receipt/production of a certified copy of this order along with the certificates, Annexure- 3 series in original before the DIGP, CRPF. During the review medical examination, if the petitioner is found fit he should be considered for appointment. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)