IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19743 of 2011 Sandeep Kumar Pandey son of Sri Vishwanath Pandey, resident of village Niranpur, Post Office Kateya, Police Station Bihia, Bhojpur. …Petitioner Versus 1. The Union Of India through Director General, CRPF, C.G.O. Complex, New Delhi 2. The Inspector General of CRPF, Bailey Road Patna 3. The Deputy Inspector General (Personnel) Group Centre, CRPF, Mokamaghat, Patna 4. The Commandant (Administration) Group Centre, CRPF, Mokamaghat, Patna 5. The Deputy Commandant (Administration) CRPF Mokamaghat, Patna Group Centre CRPF, Mokamaghat Patna 6. The Medical Officer, Composite Hospital, CRPF, Jhapaha, Muzaffarpur …Respondents ----------- 02. 15.11.2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General for the Respondent-Union of India. Petitioner was an applicant for the post of Constable/GD in Central Reserve Police Force (for short „CRPF‟). It is petitioner‟s case that he qualified at physical eligibility test followed by written test whereafter he was subjected to medical fitness test wherein he was declared medically unfit on account of High arch foot. Said document is enclosed as Annexure-2. Petitioner was required to file appeal thereagainst within specified time after obtaining medical fitness certificate. It is the petitioner‟s case that he got himself medically examined by an Assistant Professor, Department of Orthopaedics, PMCH, Patna who found the view of the Medical Board of CRPF as an error of judgment. Petitioner was thus 2 found and held medically fit for the said post. Armed with aforesaid fitness certificate, he preferred appeal together with required fee whereafter the authorities of the CRPF by communication dated 25.7.2011 (Annexure-5) summoned him to appear for medical examination/test at Composite Hospital, CRPF, Jhapaha, Muzaffarpur on 19.8.2011. Petitioner has asserted as under in paragraph 12 of the writ petition:- “That, after filing the appeal, the office of the D.I.G. (Personnel) Group Centre, C.R.P.F., Mokamaghat, Patna send a letter to the petitioner to appear for remedical examination at Composite Hospital C.R.P.F., Jhapaha, Muzaffarpur on 19.8.2011 at 8.00 hours and accordingly the petitioner had appeared before the Board and again he was illegally and arbitrarily medically unfit and hence the petitioner has been kept deprived of getting the job.” Learned counsel for the petitioner submits that he is ready and willing to be again subjected to Review Medical Board consisting of doctors of CRPF and of any recognized medical college and hospital for ascertainment of his fitness for the post in question at his own cost. Learned counsel submits that petitioner would be satisfied if a liberty is granted to approach the Deputy Inspector General (Personnel) Group Centre (respondent no.3) in this regard who, in turn, may be directed to consider and dispose of the representation within a time-frame. 3 Learned counsel for the respondents, on the other hand, submits that medical fitness is essentially a question of fact. This Court in exercise of its writ jurisdiction should not delve with that aspect of the matter. However, considering the said stand taken by the petitioner, it is contended that the aforesaid liberty be granted to the petitioner. Having heard the parties and on perusal of materials on record, I am satisfied that present application may be disposed of by the following order:- Let the petitioner approach the Deputy Inspector General (Personnel) Group Centre (respondent no.3) by filing a representation together with a copy of the present order within four weeks from today whereafter the said respondent shall consider and dispose of the same by a reasoned order under intimation to the petitioner. In case, the authority concerned is satisfied that he may direct constitution of a fresh Review Medical Board, in that case the same should consist of doctors of CRPF as well as of any recognized medical college and hospital. However, realization of cost for constitution of Medical Board is left to the discretion of the authority concerned. hr ( Kishore K. Mandal )