IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11270 of 2011 Ranjeet Kumar Yadav, s/o Sri Dular Chand yadav R/o village Sabadra P.S. Majhi Siwan …Petitioner Versus 1. The Union of India through the Director General of Police, CRPF, New Delhi 2. Director General of Police, CRPF, New Delhi 3. Inspector General of Police, Bihar Sector, Patna 4. Deputy Inspector General of Police, Group Centre, CRPF, Muzaffarpur …Respondents For the petitioner :Mr. Manish Kumar For U.O.I :Mr. Raghib Ahsan, Sr. Adv. ----------- 3. 26.08.2011 The matter was taken up on 14.07.2011 and on the request of learned Assistant Solicitor General the same was adjourned enabling the respondents to file counter affidavit. This Court had made it clear that in case no counter affidavit is filed, this Court may proceed to dispose of the writ application based on the pleadings on record. There is no counter affidavit on record. 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(G.D.) in Central Reserve Police force (for short ‘the CRPF’). It is his case that on being cleared at physical eligibility test followed by written test, he was subjected to medical fitness test wherein he was declared medically unfit. As per the communication, he got himself medically examined and after obtaining a certificate of medical fitness filed appeal thereagainst 2 well within time which was dispatched under speed post. It is the positive stand of the petitioner that he filed the appeal with required documents which was mailed through speed post on 6.5.2011 i.e. well within time (15 days time granted for filing such appeal for Review Medical Board). It is the case of the petitioner that the authorities have not summoned him for subjecting him to Review Medical Board. If the facts stated in the application are true and correct, then it would appear that the petitioner filed the appeal well within time. For the fault of the Postal Department, if the mail is not delivered within time, the respondents would be unjustified in rejecting his appeal on that count alone. Keeping this aspect into consideration, this Court disposes of this writ application by the following order: Let the respondents verify about the receipt of the appeal filed on behalf of the petitioner within one weeks of presentation/receipt of a copy of this order. If the appeal has been received, even beyond time, along with all required documents, then the respondents shall take steps to direct for medical fitness test of the petitioner by Review Medical Board within three weeks thereafter and thereafter take appropriate decision in accordance with law. hr ( Kishore K. Mandal )