IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3538 of 2007 Vidya Bhushan Kumar, son of Vinod Kumar Gupta, resident of OM Phonex, Jail Road, Arrah, Bhojpur, P.S. Arrah, District-Bhojpur ------- Petitioner. Versus 1.The Union of India through Secretary of Defence, Govt. of India, New Delhi. 2. The Secretary, Ministry of Defence, Government of India, New Delhi 3. Air Chief Marshal, Ministry of Defence through Block, New Delhi. 4. The Chairman, Central Airman Selection Board, Brar, Square, Delhi Cantt- 110010. 5. SQN LDR, AMO,10 ASC, AF, Bihta, Patna 6. Flight Lt. Medical Officer, 40231,Medical Squadron 7. Wing Commander, Medical Officer, 402, AF Station ------- Respondents. ---------------- 2. 21.10.2008 None appears on behalf of the petitioner. Mr. Ambuj Nayan Chaubey learned counsel for the respondents, is present. This writ petition has been preferred for a direction to the respondent authorities to reconsider the petitioner’s case. The petitioner was a candidate for appointment in defence services and was not selected because of medical unfitness. His appeal on medical grounds was also rejected. The present writ petition has been preferred for a direction to the respondent authorities to reconsider his case in the nature of a second appeal. Learned counsel for the respondents submits that the petitioner’s case was considered for the third time in 2 the nature of a second appeal and he was found unfit. It thus appears to me that the relief prayed for by the petitioner has already been granted which renders this writ petition infructuous. It is accordingly dismissed as having become infructuous. Vinay/ ( S. K. Katriar , J.)