Sintu Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8464 of 2020 ====================================================== Sintu Kumar S/o Surendra Saw, resident of Village - Indrapur, P.S. Makhdumpur, District Jehanabad.

... ... Petitioner/s

Versus

1.

The Union of India through the Principal Secretary, Ministry of Home, New Delhi.

2.

The Staff Selection Commission through its Secretary. 3.

The Chairman, Staff Selection Commission, Central Region, 4.

The Director General of Police, Central Reserve Police Force, Block -7, Level - 14, Section - 01, R K Puram, New Delhi. 5.

The Inspector General of Police, Central Reserve Police Force, Patna, Bihar. 6.

The Dy Inspector General of Police, Group Centre CRPF Mokamaghat, Patna, Bihar.

7.

The Medical Officer, CMO GC, Central Reserve Police Force, Mokamaghat, Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Vinod Kumar, Advocate For Respondents No 2 & 3 :

Mr Rajesh Kumar Verma, ASG For the Union of India :

Mr Manoj Kr Singh, CGC ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 15-03-2021 It is agreed by the parties that the matter stands covered by decision of this Court in the case of Vikash Kumar -Versus- The Union of India & Ors (CWJC No 8370 of 2020) disposed of on 13.01.2021.

In the said case, this Court has taken notice of the fact that the Respondents themselves are allowing candidates, similarly situated as this petitioner, consideration of their appeal for their Review Medical Board based on certificates issued by doctor who is not specialist, in the same process of selection of Constables (GD).

Having taken note of this fact, this Court did not allow the Respondent-Union of India to resist the claim of the

Patna High Court CWJC No.8464 of 2020(4) dt.15-03-2021 2/2 petitioner for consideration of his appeal for Review Medical Board, based on a certificate issued by a doctor who is not specialist in the field, relating to which deficiency has been found at his Detailed Medical Examination.

Rejection of the petitioner's appeal for Review Medical Board was, therefore, quashed. The writ petition was allowed and Respondents were directed to constitute Review Medical Board for reexamination of the petitioner within a period of one week from the date of receipt/production of a copy of the order.

The instant case is also being allowed in the same terms.

The order dated 20.03.2020, issued by Respondent No 6, Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Mokamaghat, Patna, rejecting the petitioner's appeal for Review Medical Board, is hereby quashed.

The Respondents are directed to constitute a Review Medical Board for reexamination of the petitioner within a period of one week from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) M.E.H./- U