IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10080 of 2010 SANTOSH KUMAR, SON OF LATE KASHO PRASAD, RESIDENT OF VILLAGE- DHARKHANDHA, P.S.- DAWATH, DISTRICT- ROHTAS Versus 1. THE UNION OF INDIA THROUGH DIRECTOR GENERAL, ASSAM RIFLES, SHILONG. 2. DIRECTOR GENERAL, ASSAM RIFLES, SHILONG. 3. COMMANDANT, 7 ASSAM RIFLES, 99 APO, SHILONG ----------- FOR THE PETITIONER : Mr. D.K.Sinha, Senior Advocate & Mr. Abhinav Raj, Advocate. FOR THE UNION OF INDIA: Mr. Shiv Kumar, C.G.C. ==== 2. 02.07.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner is the son of Late Kashi Prasad who died on 31st January, 1992 while serving as Constable (General Duty) with the Assam Rifles, as is evident from the certificate issued by the Adjutant, 7 Assam Rifles dated 19th March, 2005, contained in Annexure-3 to this application. Initially petitioner had applied for compassionate appointment but his case could not be considered and he was advised to participate in the open recruitment rally held at Ranchi for all districts of Orissa, Chhattisgarh, Jharkhand and Bihar between 10-19th June, 2009. Petitioner appeared in the selection process, his height was not up to the required standard was condoned granting him dispensation in height under letter dated 18th September, 2009, Annexure-7. Provisional appointment letter dated 23rd September, 2009, Annexure-8 was issued thereafter. In the light of the instructions contained in the appointment letter petitioner again appeared for medical check-up but ignoring the dispensation in height granted - 2 - under letter dated 18th September, 2009, Annexure-7 he was adjudged medically unfit on the ground of less height and hypertension under unfitness certificate dated 2nd November, 2009, Annexure-9. Petitioner questioned the finding recorded in the unfitness certificate dated 2nd November, 2009 and applied for review medical check-up. In the light of his appeal for review medical check-up the authorities of the Assam Rifles directed him to report to Assam Rifles Training Centre and School, Dimapur by 5th January, 2010 for re-medical examination at his own expense. Aforesaid order is contained in Annexure-11 to this application. In the light of instructions contained in letter dated 5th December, 2009, Annexure-11 petitioner again appeared before the authorities for medical examination and under certificate dated 22.01.2010, Annexure-12 was declared permanently unfit due to hypertension. 3. It is submitted on behalf of the petitioner with reference to the certificate of the Medical Officer, Primary Health Centre, Dawath dated 21.10.2009, Annexure-10 that the finding of the authorities recorded under unfitness certificate dated 22nd January, 2010, Annexure-12 that petitioner is hypertensive does not appear to be correct as he is a young lad who is not suffering from any ailment much less the ailment of hypertension. 4. Having heard counsel for the petitioner and the Union of India I am of the view that petitioner should request the Director General, Assam Rifles, Respondent No. 2 to constitute a Medical Board at the headquarters of the Assam Rifles for another medical - 3 - check-up of the petitioner as according to the petitioner and the Medical Officer, Primary Health Centre, Dawath petitioner is not suffering from hypertension, and get him examined by the Board if the Director General is so inclined. The representation of the petitioner filed along with a copy of this order before the Director General of the Assam Rifles be considered and disposed of expeditiously, in any case within two months from the date of its receipt. 5. With the aforesaid observation/direction the writ application is disposed of. P.K.P. (V.N.Sinha,J.)