IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15581 of 2009 RABINDRA KUMAR SINGH S/O MR. JALIM SINGH, R/O VILL-BISHUNPURA, P.O-ISUAPUR, P.S-ISUAPUR, DISTT- SARAN AT CHAPRA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI 2. THE CENTRAL AIRMEN SELECTION BOARD THROUGH ITS PRESIDENT, BRAR SQUARE, DELHI CANTT- 110010 3. THE PRESIDENT CENTRAL AIRMEN SELECTION BOARD, BRAR SQUARE, DELHI CANTT- 110010 4. THE WING COMMANDER, PRESIDENT, OIC, ENROLLMENT, CENTRAL AIRMEN SELECTION BOARD, BRAR SQUARE, DELHI CANTT- 110010 5. THE PRESIDENT, WG. CDR. AMB, STATION MEDICARE CENTRE, AIR FORCE STATION, GORAKHPUR- 02 (U.P.) 6. THE SQN LDR. 10, AIRMEN SELECTION CENTRE, AIR FORCE STATION BIHTA, PATNA (BIHAR) 7. THE FLT. LIEUTENANT, 10, AIRMEN SELECTION CENTRE, AIR FORCE STATION, BIHTA, PATNA (BIHAR) 8. THE WARRANT OFFICER, ADJUTANT, 10, AIRMEN SELECTION CENTRE, AIR FORCE STATION BIHTA, PATNA BIHAR- 801103 9. THE GROUP CAPTAIN, MEDICAL ADVISOR, CENTRAL AIRMEN SELECTION BOARD, BRAR SQUARE, DELHI CANTT- 110010 For the Petitioner : M/s Bindhyachal Singh, Satya Prakash, Advocates. For the Union of India : Mr. Shiv Kumar, Advocate. ----------- 04. 17.12.2009 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner was an applicant for the post of Airman(non-technical) but his candidature was rejected under instructions dated 28.12.2008, Annexure-5 holding that he was unfit on medical grounds for GPY trade as he is hypertensive. Against such rejection petitioner took up the matter before the appeal medical Board, which fixed 2nd March, 2009 as the date for his medical examination as would appear from order dated 4.2.2009, Annexure-6. The appeal medical board also under order dated 13.3.2009, Annexure-7 confirmed 2 the finding that the petitioner is hypertensive. Petitioner is challenging the findings of the medical officers as also the appeal medical Board contained in Annexures-5 and 7 to the present writ application. 3. By filing counter affidavit, the authorities of the Air Force has submitted that petitioner was examined by four different medical officers for 12 days including a specialist, who are authorized for job of recruitment and petitioner was found hypertensive on all occasion. In support of such finding the authorities have annexed attendance sheet dated 5.12.2009, internal page-25 of the counter affidavit, wherefrom it appears that petitioner was examined only on one day, i.e. on 9.3.2009 and thus the case of the respondents that petitioner was examined on 12 occasions does not appear to be correct. In this connection, this Court will refer the order dated 24.11.2009 passed in the instant application, whereunder authorities were directed to file counter affidavit annexing the blood pressure chart of the petitioner taken on 12 days of the examination with the signature of the petitioner. 4. Having heard counsel for the parties as also having found that petitioner was not examined on 12 occasions as was submitted before this Court during the hearing on 24.11.2009 as also in paragraphs-17, 3 21 and 24 of the counter affidavit to be incorrect, it is deemed appropriate that the direction of the appeal medical Board dated 13.3.2009, Annexure-7 is set aside with direction to the respondent authorities to ensure medical examination of the petitioner at Bamrauli Air Base, Allahabad and to act on the basis of the findings recorded by the medical officers at that base. In case petitioner is found medically fit, he be allowed appointment in compliance of the orders of the appeal medical Board. Medical examination of the petitioner be conducted within two months from the date of receipt/production of a copy of this order before the Station Commander, Air Force Station, Bihta, Patna, who has filed counter affidavit in the matter. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)