IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5453 of 2008 NITESH KUMAR S/o Shri Naresh Mohan Mishra, a resident of C/o Smt. Meena Jha, Jay Prakash Nagar, Ward No.16, P.S.- Khagaria, District-Khagaria (Bihar) ….. Petitioner Versus 1. THE UNION OF INDIA represented through the Secretary, Ministry of Home Affairs, Govt. of India, North Block, Central Secretariat, New Delhi 2. The Addl. Secretary, Ministry of Home Affairs, Govt. of India, North Block, Central Secretariat, New Delhi. 3. The Director General, Border Security Force, 10 C.G.O Complex, Lodhi Road, New Delhi- 110003 4. The Inspector General (Personnel) B.S.F., 10 C.G.O Complex, Lodhi Road, New Delhi- 110003 5. The Asst. Commandant (SSB), Directorate of B.S.F., 10 C.G.O Complex, Lodhi Road, New Delhi- 110003 6. The Union Public Service Commission represented through its Secretary, Dholpur House, Shanjahan Road, New Delhi- 110069 7. The Under Secretary, U.P.S.C., Dholpur House, Shahjahan Road, New Delhi-110069 8. Dr. S. Sathpathy, C.M.O. (S.4), BASE Hospital, CRPF, Ranchi ….. Respondents ----------- 04 12.02.2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of Union of India. I find myself unable to accept the submission that the Doctors who rejected the petitioner’s claim in medical review that he was free of both the defects were not competent for the purpose. This Court cannot substitute its own wisdom to determine the extent of defect which may interfere with the efficient performance of the duties of an Officer in Central Police Force. This Court finds no arbitrariness - 2 - or illegality in the decision of the medical board of experts. The writ petition is, therefore, dismissed. P.K. (Shiva Kirti Singh, J.)