Patna High CourtCWJC/10344/2014dismissed

Dhiraj Kumar Yadav @ Dhiraj Kumar Yadav v. The Union Of India And ORS

2016-12-09Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10344 of 2014 =========================================================== Dhiraj Kumar Yadav @ Dhiraj Kumar Yadav Son of Manik Yadav resident of village - Amouna - 03 via Bathnaha, P.S. Jogbani, Distt. - Araria .... .... Petitioner

Versus

1. The Union of India

2. The Inspector General of Police, Group Center Central force reserve, Muzaffarpur

3. The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force Japha, Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Kundan Kumar Singh, Advocate For the Respondents : Mr. Sanjay Kumar, Asstt.S.G. Mr. Anjani Kumar Sharan, C.G.C.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-12-2016 Since the High Court is not a specialized body which can sit in appeal over the opinion given by a medical board as to the fitness of the petitioner, then the Court will have to go by the opinion rendered by the medical board which found the petitioner unfit for the reasons indicated by it.

The issue relates to appointment as a General Duty Constable under the Para Military Organizations for which exercise was done.

The allegation of bias which the petitioner is making against the respondents that the medical board intentionally has declared him medically unfit on one ground or the other is a figment of his imagination because the medical board consists and constitute

Patna High Court CWJC No.10344 of 2014 dt.09-12-2016 2/2 of diverse kinds of specialists and they have no personal reason to reject the petitioner by creating a deformity and recording their opinion.

It is simply a case of an unfit person who has failed to make it to the recruitment process and aggrieved by that he chose to file a writ application.

Court is satisfied that no case for overriding the opinion of the medical board is made out. Therefore, no direction can be issued in favour of the petitioner for the reasons recorded above. Writ is dismissed.

(Ajay Kumar Tripathi, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.12.2016 Transmission Date N/A