IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11515 of 2009 NIRAJ KUMAR, SON OF RAM PULISH SINGH, RESIDENT OF VILLAGE DHELA BAD, P.S. ROHTAS, DISTRICT ROHTAS. Versus 1. THE UNION OF INDIA THROUGH THE DEFENCE SECRETARY, NEW DELHI. 2. THE COMMANDANT, DIGHI CAMP, PUNE. 3. THE RECRUITMENT MEDICAL OFFICER, GREF CENTRE, DIGHI CAMP, PUNE. 4. THE RTG. WING(INTERNAL) GREF CENTRE DIGHI CAMP, PUNE- 411015. 5. DR. S.S. MISHRA, MILITARY HOSPITAL, KIRKEE, PUNE-20. 6. THE SENIOR ADM. OFFICER, GREF CENTRE, DIGHI CAMP, PUNE. ----------- 04. 15.07.2010. Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner was applicant for the post of Road Roller Driver in GREF Centre, Dighi Camp, Pune. Having undergone the selection test he was declared medically unfit as his left hydrocele was found enlarged. Unfitness repot is dated 24.4.2009 and is contained in Annexure-1 to this application. 3. It is submitted on behalf of the petitioner that after having learnt that he suffers from enlarge hydrocele, he got himself operated upon and after becoming fit he reported for review medical examination and for the purpose he deposited the required fee, as is evident from receipt dated 23.6.2009 contained in Annexure-3 to this application. Having deposited the required fee petitioner and others were referred for specialist review and certificate under reference letter dated 26.6.2009, Annexure-4. When result of the specialist review medical examination was not communicated to the petitioner he approached this Court by filing the instant writ application, whereafter this Court under orders dated 14.9.2009 called upon the counsel for the Union to seek instruction in the matter. In the light of the orders of this Court learned counsel for the Union has taken instruction but has not - 2 - filed any counter affidavit. He states that during the specialist review medical examination petitioner was not found fit on 30.6.2009 when such submission was made by the learned counsel for the Union this Court asked him to indicate as to what was the ground for which petitioner was declared unfit on 30.6.2009, thereafter counsel submitted that the result of the review medical examination conducted on the petitioner is not annexed with the instructions received by him. 4. In view of the fact that result of the review medical examination has not been forwarded to the learned counsel for the Union for being placed before this Court, this Court directs that petitioner should appear before the Commandant, GREF Centre, Dighi Camp, Pune along with a certified copy of this order and the Commandant should ensure service of specialist review certificate on the petitioner and if from the said certificate it appears that petitioner was found fit during the review medical examination, the authorities of the GREF Centre should pass appropriate orders in accordance with law, failing which they must indicate reason for not appointing the petitioner in the light of the findings contained in the review medical certificate. Appropriate orders in the light of this order be passed as early as possible, in any case within one month from the date of appearance of the petitioner along with a copy of this order before the Commandant, GREF Centre, Dighi Camp, Pune. 5. With the observation and direction aforesaid, the writ application is disposed of. Rajesh/ (V.N.Sinha,J.)