IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7491 of 2011 DEEPAK KUMAR S/O- DIVESH KUMAR SHARMA, R/O- GOHI, P.S.- WARISHNAGAR, DISTRICT- SAMASTIPUR-848133 . Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI 2. THE DIRECTOR GENERAL OF CENTRAL RESERVE POLICE FORCE, NEW DELHI 3. THE INSPECTOR GENERAL OF CENTRAL RESERVE POLICE FORCE, PATNA ZONE, PATNA. 4. THE DEPUTY INSPECTOR GENERAL OF CENTRAL RESERVE POLICE FORCE, GROUP CENTRE, CRPF, JHAPHAN, MUZAFFARPUR. 5. THE MEDICAL OFFICER OF THE RECRUITMENT BOARD, MUZAFFARPUR. For the petitioner : Mr. Ram Shankar Das, Advocate. ----------- 4 21.06.2011 Heard learned counsel for the petitioner. No body has appeared on behalf of respondent Union of India and its authorities. By order dated 28.4.2011, this Court had granted opportunity to the respondents to file counter affidavit. No counter affidavit has been filed. Petitioner was applicant to the post of Constable (CT/GD) in Central Reserve Police Force (hereinafter referred to as the C.R.P.F.) He was selected and subjected to medical test whereafter he was found medically unfit which was communicated to him by letter dated 13.1.2011 (Annexure-2). The aforesaid order records that appeal can be preferred thereagainst. Accordingly, the petitioner after getting medical fitness certificate, filed appeal. The authorities, by communication contained in Annexure-4, directed the petitioner to appear 2 on 4.3.2011 before the Review Medical Board at Muzaffarpur. The grievance of the petitioner is reflected from averments made in paragraph 11 which reads as under: “11. That after some time lapse the petitioner preferred again an appeal before the IG, CRPF, Patna stating there in that the petitioner was a candidate of general category who selected physically as well as in written test after passing due process of selection. The petitioner further alleged in his representation that deliberately the recruitment board declared him medically unfit on the ground of skin disease all over the body whereas the petitioner has got no such disease and he is fully medically fit to discharge the duties of the post in question. The petitioner got claim paper for further medical test. So that the petitioner got his medical test at Govt. Hospital, Dhanbad where medical fitness certificate granted. It is pertinent to state here that the respondent authorities are sitting tight over the matter and did not reconsider the issue involved in this regard whenever the petitioner fulfills all the criteria and declared medically fit. In that situation the selection of the petitioner is a hostile discrimination and the action under challenge is illegal, improper and without jurisdiction.“ This Court, in view of the pleadings on record and after hearing learned counsel for the petitioner, is satisfied that the present writ petition be disposed of by the following order: Let the petitioner file a detailed representation along with a copy of the order within 05 weeks from today before the respondent No. 4 who shall consider and dispose of the same in accordance with law within 3 reasonable period preferably within 10 weeks from the date of its filing. pkj ( Kishore K. Mandal, J)