1.Union of India 2.Staff Selection Commission, through its Regional Director (ER), 1 st Mso Building (8th Floor), 234/4, Acharya Jagdish Chandra Bose Road, P.O/P.S Nizam Palace, DistrictKolkata700020 (West Bengal) 3.Central Reserve Police Force, through its Commandant, Group Centre, Central Reserve Police Force, Durgapur, P.O. & P.S. Durgapur, District Durgapur713214 (West Bengal) 4.Office of the DIGP, Group Centre, Central Reserve Police Force, Durgapur, P.O. & P.S. Durgapur, DistrictDurgapur713214 (West Bengal) 5.Medical Officer, Group Centre, Central Reserve Police Force, Durgapur, P.O. & P.S. Durgapur, DistrictDurgapur713214 (West Bengal) ...... Respondents HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Appellants : Ms. Rakhi Rani, Advocate For the Respondents : Mr. Jitendra Tripathi, C.G.C. Oral Judgment: Order No.4/Dated: 2nd February, 2021 1. With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality. 2. The instant appeal under Clause 10 of the letters patent, is directed against the order/judgment dated 17.09.2019 passed by the learned Single Judge of this Court in W.P.(S) No.7858 of 2013, whereby and whereunder the writ Court has declined to issue writ of mandamus, directing the respondents to remit all the records pertaining to appeal filed by the writ petitioner against medical unfitness for combined recruitment of Constable 2 (GD) in Central Armed Police Forces (C.A.P.Fs). Further, declined to issue writ of mandamus directing the respondents to allow the writ petitioner to join his duty on the post of Constable (GD) in Central Armed Police Forces (C.A.P.Fs) and further declined to issue writ of mandamus directing the respondent no.2 to remit the entire records of the writ petitioner relating to his medical examination held during recruitment process. 3. The brief fact of the case, which requires to be enumerated, reads hereunder as: The Staff Selection Commission initiated a process of recruitment to the post of Constable (GD) in various Central Reserve Police Forces, in pursuant to the advertisement published, as contained in Annexure1. The writ petitioner appeared in the physical test, vide Annexure3, which was held on 15.02.2012 in which he was declared qualified. The writ petitioner entered into the second stage of recruitment process by appearing in the written examination which was held on 22.04.2012 in which also the writ petitioner qualified and accordingly, a list of successful candidates was published for medical examination for recruitment to the post of Constable (GD) in C.A.P.Fs and Riffle Men (GD) in Assam Riffles. The writ petitioner had appeared in the medical examination which was held at Ranchi in the month of September, 2012, in which the writ petitioner was declared medically fit. The appointment letter was issued in favour of the writ petitioner on 20.08.2013 to the post of Constable (GD). The said appointment letter since contains a clause, as under Clausen, stipulating therein that since earlier medical examination of the writ 3 petitioner has already expired i.e. more than one year, the writ petitioner is required to undergo a fresh medical examination and accordingly, the acceptance of appointment letter was issued subject to medical fitness as per the condition stipulated in Clausen. The writ petitioner appeared in the medical examination which was held in the month of September 2012. The writ petitioner joined his duty on 19.09.2013 and in terms of the condition stipulated under Clausen, he was again medically examined by the Medical Board in which he was declared medically unfit for 'Cubitus Valgus'. The writ petitioner being aggrieved with the aforesaid unfitness on medical ground and nonacceptance of the joining, has approached this Court by filing writ petition under Article 226 of the Constitution of India. The writ petitioner also filed one interlocutory application being I.A.