Patna High Court CWJC No.13985 of 2011 (3) dt.06-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13985 of 2011 ====================================================== 1. Dharam Prakash Ray S/O Satish Ray R/O Vill.-Hewatpur Manpur, P.O.- Dighwara, P.S.-Dariyapur, Distt.-Saran. .... .... Petitioner Versus 1. The Union Of India Through The Director General Of Police, Central Reserve Police Force, (Home Affairs), New Delhi. 2. The Inspector General Of Police, Central Reserve Police Force, (Home Affairs), Khajpura, Baili Road, Patna (Bihar). 3. Dy. Inspector General Of Police, Group Centre, Central Reserve Police Force Jhapahan, Muzaffarpur (Bihar). .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Madhaw Prasad Yadaw For the Respondents : Mr. Raghib Ahsan(Asst.Sg) ====================================================== 3 06-09-2011 Heard learned counsel for the petitioner and learned Assistant Solicitor General for the respondents. Petitioner was an applicant for the post of ‘Constable –GD’ in C.R.P.F. It is his case that on being selected for the said post, he was called in for the Medical Test vide communication dated 07.04.2011 (Annexure-1). Such medical fitness examination was conducted on 27.04.2011, whereat he was found medically unfit and the doctors found him suffering from D.N.S. The medical unfit certificate dated 27.04.2011 is enclosed as Annexure-2. As per the said communication petitioner was required to obtain medical fitness certificate and thereafter file an appeal against the said order within 15 days. It is the case of the petitioner that the he consulted the Doctor in the mean while, who suggested Patna High Court CWJC No.13985 of 2011 (3) dt.06-09-2011 treatment/surgery and in these factual circumstances he filed an appeal/representation along with the required postal orders within time requesting therein that he may be allowed to undergo treatment and thereafter file medical fitness certificate. The said document is enclosed as Annexure-3. It is the case of the petitioner that thereafter he was operated upon for removal of DNS on 06.06.2011. After treatment, he was discharged on 11.06.2011 and was provided with medical fitness certificate. Immediately thereafter he submitted all the relevant documents to the respondents for consideration of his case for subjecting him to Review Medical Board. The respondents by the impugned letter dated 21st of July, 2011 (Annexure -6) communicated that his documents/ Medical Fitness Certificate was received beyond the period of filing of appeal and as such the same was rejected. Learned counsel for the petitioner submits that the petitioner had already filed representation/appeal within time (Annexure-3) detailing the circumstances which remain unanswered/ un-replied. In this situation, he immediately got treated of his ailment and thereafter obtained Medical Fitness Certificate, which was submitted without loss of time. It is contended that in these factual circumstance the stand taken in the communication is arbitrary and/ or unjust since the respondents Patna High Court CWJC No.13985 of 2011 (3) dt.06-09-2011 maintained a silence on his representation/appeal as contained in Annexure-3 and the petitioner bonafidely believed that the request made therein was allowed. It is contended that since the petitioner has now been cured of his ailment, the respondents may be directed to consider his appeal on merit and subject him to Review Medical Board for his Medical Fitness Test. Learned counsel for the respondents, on the other hand, submits that as per the communication contained in Annexure 2, the petitioner was required to file appeal after obtaining a Medical Fitness Certificate within 15 days of the said communication, which admittedly has not been done. The authorities in that view of the matter were justified in rejecting the appeal of the petitioner for subjecting him to Review Medical Board. Having heard the parties, it appears that the petitioner was initially held medically unfit as suffering from D.N.S. Petitioner made representation within the stipulated time together with the required postal orders/fees praying therein extension of time enabling him to get himself medically treated and cured of the disease. The respondents did not reply thereto. The petitioner thereafter got himself admitted in P.M.C.H. and was treated of his ailment and ultimately he obtained a Medical Fitness Certificate on 11.06.2011 which was immediately transmitted to the Patna High Court CWJC No.13985 of 2011 (3) dt.06-09-2011 respondents. The respondents by the impugned communication have refused to entertain his appeal on the ground that the documents relating to Medical Fitness Certificate were obtained by the petitioner beyond 15 days as prescribed for filing such appeal along with fee. In my view, the contention of the petitioner required to be considered by the authorities of the respondents- C.R.P.F. since the day on which the impugned order was passed the petitioner, as per the Medical Certificate obtained by him, he was not suffering from D.N.S. Accordingly, this Court permits the petitioner to file a representation before Inspector General of Police, C.R.P.F. (Respondent no. 2) detailing all the facts and circumstances within a period of three weeks together with the copy of the present order. The said respondents shall consider the said representation and pass appropriate order in accordance with law as soon as possible preferably within six weeks of its filing. The application is disposed of with the above direction/ observation. Bhardwaj/- (Kishore Kumar Mandal, J)