IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9134 of 2011 Anish Kumar Singh, son of Anuj Kumar Singh, Resident of Dahiyawan Tola, Chhapra near Water Tank, C/o Dinesh Kumar Singh, North Dahiyawan Tola, P.O. & P.S. Chhapra, District- Saran Pin-841301 ………. Petitioner Versus 1. The Union of India through the Secretary, Ministry of Home Affairs, Govt. of India, New Delhi 2. Director, Central Reserve Police Force, C.G.O.Complex, New Delhi 3. Dy. Inspector General of Police, Group Centre, CRPF, Muzaffarpur, Bihar 4. Dy. Commandant, Group Centre, CRPF, Muzaffarpur, Bihar 5. Chief Medical Officer (SJ) Medical Member, Recruitment Board Group Centre, CRPF, Muzaffarpur 6. Mr. T.K.Solanki, Dy. Commandant, Member-1, Recruitment Boarde Group Centre, CRPF, Muzaffarpur …………….. Respondents. ----------- For the petitioner: Mr. Sanjay Kumar Singh, Advocate For the respondents: Shiv Kumar, CGC. ----------- 2. 19.5.2011 Heard learned counsel for the petitioner and learned Central Government Counsel for the Central Reserve Police Force. The petitioner applied for appointment on the post of constable GD in the Central Reserve Police Force and was selected subject to being found medically fit. His case was rejected by the Recruitment Officer of the Medical Board which was communicated to him by order dated 13.1.2011 with a direction to file an appeal after obtaining a fitness certificate from a 2 Government Institution. Having obtained the same the petitioner rushed to the authorities of the CRPF at Muzaffarpur on 22.1.2011 for delivering directly by hand his appeal before them. It is stated that the same was refused and he was directed to send the appeal by post which he did on 24.1.2011 by speed post. The photo copy of the postal receipt has been annexed to the writ petition. The authorities however have rejected the appeal on the ground that it was received beyond the period of 15 days on 31.1.2011. On a consideration of the aforesaid facts and circumstances, this Court is of the view that the respondent-authorities of the CRPF had twice acted unreasonably in the matter. In the first place if there is provision for appeal, then there is every right in the candidate to deliver his appeal by hand before the authorities of the CRPF and they are duty bound to accept the same and provide the necessary receipt for it to the candidate concerned. Having not done that they compelled the petitioner to approach the postal authorities for sending the appeal by post which the petitioner did with due diligence well within the period 3 prescribed for appeal but the same having reached late on account of the inefficiency of the postal Department, the petitioner is saddled with rejection of his appeal by the callousness of the authorities of the CRPF. In the aforesaid circumstances, the writ petition is allowed. The impugned order dated 18.4.2011 rejecting the appeal of the petitioner on the ground of delay is quashed and the respondent no.3, Deputy Inspector General of Police, Group Centre, CRPF, Muzaffarpur is directed to send the petitioner before the review Medical Board within a period of three weeks from the date of receipt/production of a copy of this order and the final selection of the petitioner shall abide by the recommendation of the review Medical Board. The respondents are also directed to pay cost of Rs. 500/- to the petitioner. S.Pandey ( Ramesh Kumar Datta, J.)