IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1703 of 2011 MUKESH KUMAR SON OF SRI NAGDEO KUMAR, R/O- VILLAGE CHHAKAURI BIGAHA, P.O.- JAGPURA, P.S.- MAKHUMPUR, DISTRICT- JEHANABAD. . Versus 1. THE UNION OF INIDIA THROUGH INSPECTOR GENERAL OF POLICE, C.R.P.F. SECTOR BIHAR, ASHIANA DIGHA, PATNA. 2. D.I.G. ADMINISTRATION, C.R.P.F. SECTOR BIHAR, ASHIANA DIGHA, PATNA. 3. D.I.G. C.R.P.F. GROUP CENTRE MOKAMAGHAT, BIHAR 4. THE COMMANDANT RECRUITMENT BOARD, C.R.P.F. GROUP CENTRE, MUZAFFARPUR. For the petitioner : Mr. Satyabir Bharti, Advocate. For the Union of India : Mr. Sarvadeo Singh, C.G.C. ----------- 3 27.06.2011 Petitioner prays to quash the order contained in letter dated 7.12.2010 (Annexure-1) whereby he has been communicated about his non-empanelment in final merit list. Relevant facts giving rise to the present case are as under: An advertisement was issued by the Central Reserve Police Force (for short the CRPF) for appointment of General Duty Constables. The appointment was to be made after subjecting the applicants to different tests. As per the petitioner, an applicant had to first undergo physical test and on his getting through the said test, he was required to undertake written test followed by medical examination. It is the case of the petitioner that he had undergone physical test whereafter he was permitted to take written test and on being declared successful, he was summoned for medical test whereat he was initially declared medically unfit. As per the rule in vogue, he had to file 2 appeal thereagainst. The said forum was availed of and the appeal of the petitioner was allowed on being reviewed medically by another Medical Board. The petitioner thereafter approached for his appointment along with review Medical Board certificate/report wherein he was declared medically fit. On his application, the impugned communication was made. Learned counsel for the petitioner submits that as per the provisions contained in the Rules and the procedure adopted at the selection test(s) carried out by the respondents, a candidate is allowed to appear at the medical test only after he is declared successful in the written test which again is preceded by his clearing at the physical test. Two sets of counter affidavit have been filed on behalf of the respondents. Mr. Sarvadeo Singh, learned Central Government counsel on going through the pleadings on record submits that the matter requires fresh look/consideration by the respondents in view of the facts/pleadings on record. In the light of the aforesaid fair stand taken by learned Central Government counsel, the matter is disposed of by the following order:- Let the petitioner file a detailed representation before respondent No. 3 (D.I.G., C.R.P.F., Group Centre 3 Mokamaghat, Bihar) within three weeks from today alongwith a copy of this order whereafter the said respondent shall consider the same and pass appropriate orders thereof. If the respondents are satisfied about the genuineness of the claim of the petitioner, this Court expects appropriate order appointing the petitioner on the post claimed by him would be passed without further loss of time. This Court further expects that the entire exercise as per the order will be carried out by the respondents within eight weeks from the date of filing of the representation. pkj ( Kishore K. Mandal, J)