Nirmal Kumar And ANR v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17400 of 2016 ===========================================================
1. Nirmal Kumar Son of Sri Maheshwar Thakur Resident of Village- Bakia, P.O. Gadhia, P.S.-Chautham, District Lakhisarai.
2. Amresh Kumar Ram Son of Sri Ram Khelawan Ram Resident of VillageDayalpur,P.O.- Jhandapur, P.S. Bihpur, District Bhagalpur. .... .... Petitioner/s
Versus
1. The Union of India through the Home Secretary, Govt. of India, New Delhi.
2. The Director General of Central Reserve Police Force, New Delhi.
3. The Inspector General of Central Armed Police Force, S.S.B. Patna.
4. The Chairman-Cum-Commandant, Recruitment Board 44Bn. S.S.B., West Champaran.
5. The Chairman-cum-commandant, Medical Board , 44Bn, S.S.B. West Champaran.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Dr. Harendra Kumar Singh, Adv. For the Respondent/s : Mr. S.D Sanjay, Addl. Soc. Gen. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 10-04-2018 Heard learned counsel for the parties.
The petitioners have been unsuited on their claims for appointment as a Constable in the C.R.P.F and the reason is that they were detected for hypertension as manifest from Annexure-6 series whereby the pressure of the two petitioners were found beyond the prescribed level. Not being satisfied by the finding at Annexure 6 series that the petitioners got themselves examined in the local hospital at Khagaria and Bhagalpur respectively and the opinion expressed by the Medical Officer of the C.R.P.F has been endorsed as manifest from Annexure 7 series whereby while no error was found in
Patna High Court CWJC No.17400 of 2016 dt.10-04-2018 2/2 the opinion of the Medical Officer in so far as the petitioner Nirmal Kumar is concerned, the petitioner No.2 Amaresh Kumar Ram's hypertension was confirmed. The petitioners filed statutory appeal and a Review Medical Board was held. The results are at Annexure 9 series which again confirms the hypertension of the petitioners beyond the prescribed levels. Both petitioners have got a second examination done through Sadar hospital run by the State Health Society and who have found the pressure within the limits. It is relying on this report that the petitioners pray for a second review by the Medical Board.
The guidelines for Recruitment Medical examination in Central Reserved Police Force at Clause 6 (1) attributes 'hypertension' as a general ground of rejection and since the opinion of the Medical Officer, C.R.P.F. as endorsed by the Review Medical Board at Annexure 9 is supported by the Doctors of the Sadar Hospital also, as manifest from Annexure 7 series, I am not persuaded to grant indulgence to the relief prayed.
The writ petition is disposed of.
Bibhash (Jyoti Saran, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 12.04.2018 Transmission Date NA