IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.19743 of 2011
Sandeep Kumar Pandey son of Sri Vishwanath Pandey,
resident of village Niranpur, Post Office Kateya, Police
Station Bihia, Bhojpur.
...Petitioner
Versus
1. The Union Of India through Director General, CRPF,
C.G.O. Complex, New Delhi
2. The Inspector General of CRPF, Bailey Road Patna
3. The Deputy Inspector General (Personnel) Group
Centre, CRPF, Mokamaghat, Patna
4. The Commandant (Administration) Group Centre,
CRPF, Mokamaghat, Patna
5. The Deputy Commandant (Administration) CRPF
Mokamaghat, Patna Group Centre CRPF, Mokamaghat
Patna
6. The Medical Officer, Composite Hospital, CRPF,
Jhapaha, Muzaffarpur
...Respondents
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02. 15.11.2011 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/GD in Central Reserve Police Force (for short
„CRPF‟). It is petitioner‟s case that he qualified at physical
eligibility test followed by written test whereafter he was
subjected to medical fitness test wherein he was declared
medically unfit on account of High arch foot. Said document is
enclosed as Annexure-2. Petitioner was required to file appeal
thereagainst within specified time after obtaining medical fitness
certificate. It is the petitioner‟s case that he got himself
medically examined by an Assistant Professor, Department of
Orthopaedics, PMCH, Patna who found the view of the Medical
Board of CRPF as an error of judgment. Petitioner was thus
2
found and held medically fit for the said post. Armed with
aforesaid fitness certificate, he preferred appeal together with
required fee whereafter the authorities of the CRPF by
communication dated 25.7.2011 (Annexure-5) summoned him to
appear for medical examination/test at Composite Hospital,
CRPF, Jhapaha, Muzaffarpur on 19.8.2011. Petitioner has
asserted as under in paragraph 12 of the writ petition:-
“That, after filing the appeal, the office of
the D.I.G. (Personnel) Group Centre, C.R.P.F.,
Mokamaghat, Patna send a letter to the
petitioner to appear for remedical examination
at Composite Hospital C.R.P.F., Jhapaha,
Muzaffarpur on 19.8.2011 at 8.00 hours and
accordingly the petitioner had appeared before
the Board and again he was illegally and
arbitrarily medically unfit and hence the
petitioner has been kept deprived of getting the
job.”
Learned counsel for the petitioner submits that he is
ready and willing to be again subjected to Review Medical
Board consisting of doctors of CRPF and of any recognized
medical college and hospital for ascertainment of his fitness for
the post in question at his own cost. Learned counsel submits
that petitioner would be satisfied if a liberty is granted to
approach the Deputy Inspector General (Personnel) Group
Centre (respondent no.3) in this regard who, in turn, may be
directed to consider and dispose of the representation within a
time-frame.
3
Learned counsel for the respondents, on the other
hand, submits that medical fitness is essentially a question of
fact. This Court in exercise of its writ jurisdiction should not
delve with that aspect of the matter. However, considering the
said stand taken by the petitioner, it is contended that the
aforesaid liberty be granted to the petitioner.
Having heard the parties and on perusal of materials
on record, I am satisfied that present application may be
disposed of by the following order:-
Let the petitioner approach the Deputy Inspector
General (Personnel) Group Centre (respondent no.3) by
filing a representation together with a copy of the
present order within four weeks from today whereafter
the said respondent shall consider and dispose of the
same by a reasoned order under intimation to the
petitioner. In case, the authority concerned is satisfied
that he may direct constitution of a fresh Review
Medical Board, in that case the same should consist of
doctors of CRPF as well as of any recognized medical
college and hospital. However, realization of cost for
constitution of Medical Board is left to the discretion of
the authority concerned.
( Kishore K. Mandal )
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