IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9519 of 2011 Rajesh Kumar son of Sri Kashinath Singh resident of village Mashariyan, P.S. Murar, Dist. Buxar. ---Petitioner. Versus 1. The Union of India through secretary, Home Affairs, Govt. of India, New Delhi. 2. The Secretary Home Affairs, Govt. of India, New Delhi. 3. The Director General of Police, Central Reserve Police Force, New Delhi. 4. The Deputy Inspector General of police Group Centre C.R.P.F. Muzaffarpur, Bihar. 5. The Inspector General Bihar Sector , Central Reserve Police Force, Patna, Bihar 6. The Commandant Bihar Sector, C.R.P.F., Patna. 7. The Medical Officer Recruitment Board, C.R.P.F. at Muzaffarpur Dist. Muzaffarpur. ---Respondents. -------- 03 12.08.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the respondent Union of India. By order dated 21.06.2011, on the request of the counsel for the respondent the matter was adjourned by 06 weeks. This Court while adjourning the matter observed as under:- “It is made clear that if no counter affidavit is filed this Court may proceed to dispose of the case on the basis of the pleadings on record.” No counter affidavit is on record. Petitioner was applicant for the post of Constable GD in Central Reserve Police Force (for short „CRPF‟). He had claimed himself as a candidate belonging to Other Backward Classes (for short „OBC‟) category. It is case of the petitioner that he was called in for physical test and after having cleared the same was subjected to written test. On clearing the said test, the petitioner was made to 2 appear before the Medical Board for his medical fitness. The Board found him medically unfit as he was held suffering from hypertension and DNS. The said document is Annexure-4. It is case of the petitioner that an appeal lies thereagainst as disclosed in the said communication itself. Accordingly, petitioner got himself medically examined by a doctor who found him medically fit for the post in question and thereafter filed appeal within time. In response thereto, the respondent by a communication (Annexure-6) directed him to appear before the Review Medical Board on 04.03.2011. It is the case of the petitioner that he appeared for the Review Medical fitness test but result whereof has not been communicated to him till date. According to him, he was found medically fit at the Review Medical Board. If the facts stated in the application are correct then the respondents were required to issue appointment letter in favour of the petitioner. However, there is no counter affidavit on behalf of the respondents and as such this Court feels difficulty in issuing direction in positive terms. Having heard learned counsel for the petitioner, I am satisfied that the present application be disposed of by the following order:- Let petitioner file representation detailing all facts within a period of 04 weeks from today together with a copy of the present order whereafter the said respondent shall consider and dispose of the said representation within a period of 04 weeks of its filing. Needless to observe that if the petitioner has been held medically fit at the 3 Review Medical Board and is otherwise eligible then the respondent shall take steps to issue appointment letter in favour of the petitioner. Sym (Kishore K. Mandal, J.)