IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10568 of 2011 Dipak Kumar, s/o- Sri Mahendra Sharma, r/o- village and P.O.- Kaithi, Siro, P.S.- Goh, District- Aurangabad. …….. Petitioner Versus 1. The Union Of India through Director General of Police, Border Security force, New Delhi. 2. The Director General of Police, B.S.F., New Delhi. 3. The Inspector General of Police, B.S.F., North Bengal frontier, Kadam Talla, Darzeeling, West Bengal. 4. The Commandant, 14th Battalion, B.S.F. Khagra Camp, Post- Kishanganj, District- Kishanganj, Bihar. …….. Respondents For the petitioner : Mr. Ritesh Kumar, Advocate For the U.O.I. : Mr. Raghib Ahsan, ASG. ---------------------------------- 4 07.09.2011 By order dated 12.8.2011, the matter was adjourned enabling the respondents to file counter affidavit. No counter affidavit has been filed. Heard learned counsel for the petitioner and learned Assistant Solicitor General for the respondents. Pursuant to an advertisement for recruitment to the post of Constable (G.D.) in Border Security Force (for short “B.S.F.”), the petitioner was an applicant. He appeared at the physical test conducted at Bihta on 28.12.2010. After having cleared the physical test, he was permitted to take written test which was held at Jehanabad on 16.1.2011. Having been declared successful thereat, he was called in for medical fitness test which was held on 13.3.2011 at Dehri-on-Sone. It is the case of the petitioner that he was declared unfit as the doctors attending on him found two deficiencies:- (i) Left eye squint. (ii) Chest 2 cm. less. As per the provision, the petitioner got himself medically examined at Anugrah Narayan Medical College, Gaya whereafter he was 2 declared medically fit for the post in question. It is the case of the petitioner that armed with the aforesaid Medical Fitness Certificate, he filed appeal for Review Medical Board together with Bank Draft of Rs. 25/- in the prescribed form to the respondent No. 3 on 17.3.2011. In reply thereto, the respondents, by communication dated 20.4.2011 (Annexure-2), issued from the Headquarter, North Bengal Frontier, Border Security Force, Kadam Talla, Darzeeling informed the petitioner to appear for his medical test by the Review Medical Board on 9.5.2011 at the B.S.F. Camp, Kishanganj. It is the case of the petitioner that the letter was delivered to him after the date fixed for his Review Medical examination. Petitioner, in this regard, relies on Annexure-2/1 which is photo copy of the envelope bearing seal of the Postal Department. In these circumstances, petitioner promptly filed a representation before the respondent Inspector General of Police, B.S.F. (respondent No. 3) which yielded no response and the petitioner approached this Court. Learned counsel submits that for the fault of the Postal Department, the petitioner should not be penalized and the respondents be directed to subject him to Review Medical Board. It is contended that in the facts akin to the present case, this Court in C.W.J.C. No. 6112 of 2010 (Annexure-4) directed the authorities to issue fresh instruction for review medical check up by the Review Medical Board. Mr. Ahsan, learned counsel for the respondents submits that if the facts stated in the writ petition are correct then the petitioner 3 should not be penalized for the fault of the Postal Department in delivering the letter after the date fixed for the Review Medical Board of the petitioner. Having heard the parties and on perusal of the materials on record, it appears from Annexure-2/1 that the letter contained in Annexure-2 was delivered to the petitioner on 20.5.2011. Immediately thereafter, petitioner filed representation (Annexure-3) before respondent No. 3 which, however, was not acted upon. It further appears from perusal of the order dated 13.2.2010 (Annexure-4) that this Court in somewhat identical facts granted relief to the petitioner. Having regard to the aforesaid facts, learned Assistant Solicitor General has also taken a fair stand in the matter. Accordingly, the application is allowed in the following manner: Let the petitioner appear before Inspector General of Police, B.S.F., North Bengal frontier, Kadam Talla, Darzeeling, West Bengal (respondent No. 3) within four weeks from today together with a copy of the present order whereafter the said respondent shall issue fresh instruction for review medical check up of the petitioner by competent Medical Board. The respondents thereafter shall take appropriate decision on the claim of the petitioner of the post in question in accordance with law. pkj ( Kishore K. Mandal, J.)