IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19559 of 2011 Uttam Kumar son of Sri Krishnandan Yadav, resident of village ChhotiGovindpur, PO Jamalpur, P.S. Jamalpur, Munger …Petitioner Versus 1. The Union of India through Addl. Secretary, Home Affairs, Govt. of India, New Delhi 2. The Addl. Secretary, Home Affairs, Govt. of India, New Delhi 3. The Director General of Police, CRPF, C.G.O. Complex, New Delhi 4. The Deputy Inspector General of Police Group Centre CRPF, Muzaffarpur, Bihar 5. The Medical Officer, Selection Board CRPF, Muzaffarpur, Bihar 6. The Commandant Recruitment Board Group Centre CRPF at Muzaffarpur, Bihar 7. The Deputy Inspector General of Police CRPF, Mokamaghat, Patna 8. The presiding Officer, Recruitment Cell Bihar Sector, CRPF, Patna- 25 …Respondents ----------- 02. 11.11.2011 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 the petitioner’s case that after clearing the physical eligibility test followed by writ test, he was summoned and subjected to medical fitness test wherein he was declared medically unfit/unsuitable. The document in this regard has been enclosed as Annexure-2. Petitioner was required to file appeal thereagainst after obtaining a medical fitness certificate. Petitioner examined himself of the aforesaid disability/ailment whereafter the doctor found him medically fit for the job. The opinion expressed in Annexure-2 was found an error of judgment. Armed with aforesaid medical fitness certificate, he filed appeal for subjecting him to Review Medical Board. Petitioner was thereafter subjected to Review Medical Board 2 whereat he was again found medically unfit. It is the case of the petitioner that he again got himself medically examined by the Civil Assistant Surgeon, Sadar Hospital, Munger who found him fit for the job. Learned counsel submits that the petitioner may be directed to be re-examined again by a Board consisting of doctors of the CRPF as well of any recognized medical college hospital at his cost in view of the certificate obtained and produced before the authority. Learned counsel states that a proper representation in this regard would be filed before the Deputy Inspector General of Police (respondent no.7) who may be directed to consider the representation of the petitioner and dispose of the same in accordance with law as quickly as possible. Learned counsel for the Respondent-Union of India, on the other hand, contends that petitioner was subjected to Review Medical Board whereat he was again found medically unfit. Medical fitness of a candidate is essentially an issue of fact. This Court should not normally entertain issues of facts. However, learned counsel for the respondents does not object to disposal of the application directing the respondents to consider his representation in accordance with law. Having heard the parties and on perusal of materials on record, this Court is satisfied that present application be disposed of by the following order:- Let the petitioner file a detailed representation 3 annexing therewith all the documents on which he relies as also a copy of the present order within four weeks before the Respondent-DIG (respondent no.7) whereafter the said respondent shall consider and dispose of the same in accordance with law as quickly as possible preferably within four weeks of its filing. It will, however, be open to the Respondent-DIG to constitute a fresh Medical Board consisting of doctors of CRPF and of any recognized medical college and hospital if satisfied with the materials placed before him. Realization of cost, in that event, is left to the discretion of the authority concerned. hr ( Kishore K. Mandal )