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2013 DIGILAW 908 (PAT)

Resikesh Kumar v. Union of India, through Director General of Central Reserve Police Force, New Delhi

2013-07-31

RAKESH KUMAR

body2013
ORDER Heard learned counsel for the petitioner and Mr. N.A. Shamsi, learned Assistant Solicitor General, who appears on behalf of all the Respondents. 2. The petitioner, while invoking extraordinary writ jurisdiction of this Court under Article-226 of the Constitution of India, has prayed for issuance of appropriate writ directing the Respondents to constitute fresh Medical Board for re-checking the petitioner medically and to appoint him on the post of constable CT/G.D.( Male) in the Central Reserve Police Force(hereinafter referred to as “C.R.P.F.” ), if the petitioner is found fit in the fresh Medical Board. 3. The petitioner had applied for his recruitment as constable in C.R.P.F., Mokamaghat in the year 2011. The test was conducted by Staff Selection Commission in the year 2011. The petitioner qualified in Physical Efficiency Test (PET) and Physical Standard Test (PST) and he also qualified in the written test for constable (G.D.). Thereafter, final result was published. He was allotted Roll Number as 3206025207. After he qualified, he was called for medical test on 07.06.2012 in Group Centre, C.R.P.F., Amethi (U.P.). However, he was found medically unfit. The petitioner subsequently got himself medically examined by Medical Officer, Sadar Hospital, Arrah and on the strength of such certificate, he requested the authorities for review Medical Board. This was entertained by the Dy. Inspector General of Police, Group Centre, C.R.P.F., Amethi ( U.P.) and vide Annexure-5 to the writ petition i.e. letter, contained in S.R. 2-6/2012-Estt.6 dated 26th July,2012, the petitioner was informed to appear before the Medical Board on 06.08.2012. The petitioner has pleaded that said communication was received on 07.08.2012 by the petitioner i.e. after the date fixed for re-medical examination and, as such, he could not appear before the Medical Board for his re-medical examination. 4. Learned counsel for the petitioner submits that the communication i.e. Annexure-5 to the writ petition, was mere formalities, otherwise the Respondents would have given reasonable time to the petitioner to appear before the Medical Board. The said communication was signed on 26.07.2012 and it was dispatched through speed post on 27.07.2012, whereby the petitioner was instructed to appear on 06.08.2012 at 8.00 in the morning before the Medical Board at Group Centre, C.R.P.F. Amethi (U.P.), whereas the said letter was received by the petitioner at Arrah that, too, after expiry of the date fixed for Medical Board. 5. 5. In this case, a counter affidavit has been filed on behalf of Respondents. Mr. N.A. Shamsi, learned Assistant Solicitor General has argued that though the petitioner was intimated to appear for his re-medical examination, he failed to appear before the Medical Board and, as such, at subsequent stage, the petitioner may not be allowed to claim for his re-medical examination. 6. Besides hearing the parties, I have also perused the materials available on record. Fact remains that the request made by the petitioner for his re-medical examination by the Medical Board was accepted by the authorities concerned and communication was made, vide Annexure-5 to the writ petition, to the petitioner to appear before the Medical Board. On perusal of Annexure-5, it is evident that the Respondents had not given reasonable time to the petitioner for his appearance before the Medical Board. In a situation, the petitioner was being intimated through speed post to appear before the Medical Board, it was required on the part of the Respondents to be given reasonable time to appear before the Medical Board, otherwise it was merely a formality, which is evident from communication dated 26.07.2012( Annexure-5). The communication from Amethi(U.P.) was made on 26th July,2012 and date was fixed for his re-medical examination to 06.08.2012. This communication was sent to the petitioner at Arrah( Bihar). Had it been personally served on the same day, the matter would have been different but communication was made through speed post and, as such reasonable time was required to be given. The communication i.e. Annexure-5 to the writ petition was received by the petitioner after expiry of the date of re-medical test, which was beyond the control of the petitioner. 7. In view of facts and circumstances as well as for the ends of justice, the Court is of the opinion that the petitioner can be granted an opportunity for his re-medical examination and, as such, writ petition stands allowed with a direction to Respondent no.1/ Director General of Central Reserve Police Force, New Delhi to take steps for constitution of Medical Board for re-medical examination of the petitioner. The Respondent no.1 is directed to intimate the petitioner one month time in advance for his re-medical examination. All the formalities are required to be done within a period of three months from the date of receipt/production of a copy of this order. 8. The Respondent no.1 is directed to intimate the petitioner one month time in advance for his re-medical examination. All the formalities are required to be done within a period of three months from the date of receipt/production of a copy of this order. 8. With above observation and direction, the writ petition stands allowed.