IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15601 of 2011 Ripender Kumar Pandey @ Ripendra Kumar Pandey son of Sri Rama Shankar pandey, resident of village Mishrawali P.O. Baluwan @ Baluya, P.S. Brahmpur, Buxar …Petitioner Versus 1. The Union Of India through the Director General, CRPF, New Delhi 2. The Senior Commandant, CRPF, New Delhi 3. The Inspector General of Police, Bihar Sector, CRPF, Patna, Bihar 4. The Deputy Inspector General of Police, Group Centre, CRPF, Jhaphan, Muzaffarpur, Bihar 5. The Commandant Recruitment Board CRPF, Group Centre, Jhaphan, Muzaffarpur 6. The Deputy Commandant, Recruitment Board CRPF, Group Centre, Jhaphan, Muzaffarpur 7. The Chief Medical Officer of the Recruitment Board, CRPF, Group Centre, Muzaffapur 8. The Deputy Commandant, Member-One Medical Recruitment Board, CRPF, Group Centre, Jhaphan, Muzaffapur. 9. The State of Bihar through the Director-in-Chief Health Services, Govt. of Bihar, New Secretariat, Patna 10. The Chief Medical Officer, Sadar Hospital, Ara 11. Dr. T.A. Aman, Medical Officer, Sadar Hospital, Ara …Respondents For the petitioner :Mr. Nityanand Mishra For the Respondents :Mr. Madhukar Mishra, AC to G.A. 9 ----------- 02. 15.09.2011 Heard both sides. Petitioner was an applicant pursuant to an advertisement, for the post of Constable/GD (Male) in Central Reserve Police Force (for short ‘CRPF’). Petitioner’s case is that he was subjected to physical eligibility test followed by written test. In both the tests he was declared successful whereafter he was subjected to medical fitness test held on 20.04.2011 whereat he was found medically unfit for the job. The petitioner thereafter again got himself medically examined by the Chief 2 Medical Officer, Sadar Hospital, Ara (Annexure-3) wherein the petitioner was held medically fit as the finding recorded by the doctors of the CRPF was found to be an error of judgment. The said document is enclosed as annexure-3. Armed with the aforesaid certificate, the petitioner filed appeal for subjecting him to Review Medical Board. By order contained in Annexure- 4, the respondents directed the petitioner to appear on 27.5.2011 for his review medical examination. On going though such medical examination, the doctors constituting the Review Medical Board again found the petitioner suffering from the said disability/ailment and he was accordingly communicated by order dated 24.08.2011 (Annexure-A to I. A. No. 6269 of 2011). Learned counsel for the petitioner submits that the doctors while attending on him in the Review Medical Board did not properly consider the finding(s) recorded by the Chief Medical officer as contained in Annexure-3. Learned counsel submits that petitioner be given an opportunity to file a representation thereagainst before the respondent Inspector General of Police CRPF, Patna, Bihar who may be directed to consider and dispose of the same in accordance with law. Learned Assistant Solicitor General, on the other submitted that the petitioner was examined by a board of doctors and the finding of the Medical Board should not be interfered with in exercise of writ jurisdiction of this Court. However, considering the stand taken by the petitioner, learned counsel takes a stand that the matter may be disposed of in the 3 aforesaid terms. Having heard the parties and on going through the pleadings on record, this Court is satisfied that the present application be disposed of by the following order:- Let the petitioner file a detailed representation supported by all relevant documents before the Respondent Inspector General of Police, Bihar Sector, CRPF, Patna, Bihar (respondent no.3) within three weeks from today together with a copy of the present order whereafter the said respondent shall consider and dispose of the said representation in accordance with law as soon as possible preferably within four weeks of its filing. hr ( Kishore K. Mandal )