IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.211 of 2008 Anjani Kumar Singh son of Sri Raghubar Dayal Singh, village Daulatpur, P.S.Koilwar, Bhojpur. …Petitioner Versus 1. The Union of India through the Ministry of Home Affairs, New Delhi 2. The D.G. CRPF, New Delhi 3. I.G. CRPF, Eastern Sector Calcutta 4. I.G. CRPF Bihar Sector, Patna 5. D.I.G.P. CRPF, Muzaffarpur …Respondents For the petitioner :Mr. Ebrahim Kabir For the respondents :Mr. Sarvadeo Singh, CGC ----------- 02. 26.08.2011 Heard learned counsel for the petitioner and learned Central Government Counsel. Pursuant to an advertisement for the post of Head Clerk(Ministerial) in Central Reserve Police Force (for short ‘the CRPF’) (Annexure-1) it is the case of the petitioner that he applied and summoned for physical test. On being cleared in physical fitness test he was permitted to take the written test/examination. On being selected therein, he was subjected to medical fitness test whereat he was declared medically unfit due to reason of loss of Rt three fingers (distal phalanx index, middle and ring finger). The petitioner, as per the advertisement, was required to file appeal thereagainst. It is the case of the petitioner that he got himself medically examined by an Orthopaedician in PMCH and filed appeal within time. The appeal of the petitioner initially was not considered on the ground that the medical fitness certificate was not 2 as per the requirement. It is the case of the petitioner that immediately on receipt of the said communication, he got himself examined and got issued medical certificate of fitness (Annexure-5) in proper form/format and submitted the said document to the respondents for considering his case for subjecting to medical fitness test by the Review Medical Board. The said application of the petitioner has been rejected by order contained in Annexure-6, issued by the Additional Director General of Police, CRPF, Bihar Sector, Patna on the ground that the document was received beyond the period of 30 days. Learned counsel for the petitioner states that rejection of his appeal for being subjected to Review Medical Board on the ground that the same has been received beyond period of 30 days is well explained by the circumstances indicated in the application. It is contended that in the particular facts and circumstances of the case, the stand of the respondents in declining the petitioner to subject him for Review Medical Board would be wholly unjust and improper. A counter affidavit has been filed on behalf of the respondents. On perusal thereof, it appears that the sole ground for rejection of his appeal is that the document(s) were not made available within a period of 30 days. On going through materials on record, it 3 appears that initially the application/appeal was filed by the petitioner after obtaining a certificate of medical fitness within stipulated period. The same was, however, found deficient as fitness certificate was not as per the requirement of the CRPF. Petitioner was communicated about refusal on that ground. It appears that immediately the petitioner procured another medical fitness certificate which was forwarded to the authority. In such circumstances, rejection of his appeal for being subject to review Medical Board seems to be unjust and improper. This Court finds force in the submissions of the learned counsel for the petitioner. Learned counsel for the Respondent-Union of India states that the vacancy in the meanwhile might have been filled up, and/or life of the panel prepared by the CRPF must have expired. It appears that the application was lodged in this court in the year 2008 and remained pending in Court for three years. It is settled law that such delay in consideration of the case like one would not render the relief prayed for therein infructuous. The relief/claim of the petitioner is to be considered with reference to the date when the application was filed. For the reasons aforesaid, the application is allowed in the following terms: Let the petitioner appear before 4 respondent no.5 (D.I.G.P. C.R.P.F. Muzaffarpur) within two weeks along with a copy of the present order whereafter the said respondent shall consider the appeal of the petitioner and if there is no other defects then he would take steps to get the petitioner medically examined by Review Medical Board within a reasonable period of time and thereafter take appropriate decision in accordance with law. hr ( Kishore K. Mandal )