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Patna High CourtCWJC/3378/2017dismissed

Gunjesh Kumar v. The Union Of India And ORS

2025-03-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3378 of 2017 ====================================================== Gunjesh Kumar Son of Sri Ram Lakhan Singh, Resident of Village-Apsarh, Police Starion-Warisaliganj, District-Nawada. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

Staff Selection Commission CR Allahabad through its Secretary, Allahabad U.P..

3.

Secretary, Staff Selection Commission CR, Allahabad. 4.

Secretary, Staff Selection Commission, Kendriya Karyalaya, Pansar Lodi, New Delhi.

5.

Assistant Commandant Anu Frontier headquarter, Seema Suraksha Bal, Jalandhar Cantt. Punjab.

6.

Deputy Inspector General Medical C.R.P.F. Composite Hospital, Nimach Madhya Pradesh.

7.

The Deputy Inspector General/P.S.O. Frontier Headquarter, Seema Suraksha Bal, North Bengal, Kamalta 8.

Under Secretary EDP and C.P.I.O., Staff Selection Commission. 9.

C.P.I.O., Staff Selection Commission North Region, Department of Personnel and Training, Lodi Road 10.

Deputy Director RTI, Staff Selection Commission, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. Ram Tujabh Singh, CGC Mrs. Radhika Raman, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2025 Upon repeated calls, no one appears on behalf of the petitioner. However, Learned Counsel for the Union of India is present.

2. It transpires to this Court that on 05.12.2024 also, no one appears on behalf of the petitioner.

3. Learned Counsel for the Union submits that the

Patna High Court CWJC No.3378 of 2017(4) dt.20-03-2025 2/3 present writ application has been filed for issuance of appropriate order directing the respondents to declare the result of the re-medical test of the petitioner and if he is found to be fit then he be appointed back in services.

4. Counsel further submits that the petitioner has applied for Constable (GD) in CRPF's, NIA and SSF and Rifleman (GD) in Assam Rifles in 2011 and qualified for physical standard test (PST), Physical Efficiency Test (PET) and written examination. Thereafter, he has been referred for medical test/ medical examination who appeared at Khagra Camp BSF, Kishanganj and upon examination, the petitioner was declared unfit due to defective vision and B/L Hydrocele.

5. Counsel further submits that the petitioner has been granted opportunity to file appeal before the medical board and thereafter, his appeal was accepted by the Appellate Authority and the petitioner was called for review of the medical examination in the said examination and again, he was found unfit due to defective right eye distant vision. Thereafter, he has filed writ petition submitting that he may be allowed for reexamination for another Civil Surgeon or specialist or by a medical board, if he was found fit then directed to be joined on the said post.

Patna High Court CWJC No.3378 of 2017(4) dt.20-03-2025 3/3

6. It transpires to this Court that advertisement is of the year 2011 and after completing the PST/PET and written examination, he was called for medical test where he was found unfit on 05.09.2011 and by the Review Medical Board dated 28.11.2011. It further transpires to this Court that initial medical board was of 2 members and review board is of 5 members and petitioner has to join the Central forces for which medical fitness is necessary. When the respective boards of the forces have declared him unfit in Medical Board & Review Medical Board, then this Court finds that it is not necessary to interfere in this matter due to two reasons that the specialist Boards of medical have found the petitioner unfit and secondly, due to the reason that in the year 2025, about 14 years has already been lapsed. Therefore, this Court is not inclined to interfere in this matter and hence, dismissed.

7. With the aforesaid observations, the present writ application stands dismissed.

(Dr. Anshuman, J.) Prakashmani/- U