Ashok Kumar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1069 of 2021 ====================================================== Ashok Kumar son of Sri Shivji Singh resident of Village/ Post- Toygarh, P.S.- Jayrampur, District- Sheikhpura.

... ... Petitioner

Versus

1.

Union of India through the Secretary, Ministry of Home Affairs, New Delhi. 2.

The DIG (Recruitment), Directorate General, CRPF (Recruitment Branch), East Block- 07, Level- 4, Sector- 01, R.K. Puram, New Delhi- 110066. 3.

The DIGP, Group Centre, CRPF, Mokamaghat- 803303, District- Patna. 4.

The Presiding Officer, Review Medical Examination Board, BSF Kishanganj, BSF Campus, Kishanganj (Khagra Campus), POST/ DistrictKishanganj, Bihar, PIN- 855107. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sidhendra Narayan Singh, Advocate For the U.O.I.

:

Mr. Awadhesh Kumar Pandey, Sr. C.G.C.

Mr.R.K. Sharma, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned counsel for the Union of India.

The petitioner, in the present case, is seeking the following reliefs:- "(i) For quashing of Memo of Detail Medical Examination dated 10-2-2020 as well as for quashing of Review Medical Examination Report/Result dated 8-10-2020, contained in ANN-3/a & 5 respectively, declaring petitioner UNFIT in both report/result for final selection in Constable(GD) Exam-2018 and further, to declare him medically FIT for said final selection as his Detail Medical Examination(DME) and Review Medical Examination (RME) have been

Patna High Court CWJC No.1069 of 2021(12) dt.28-04-2023 2/3 conducted illegally, with bias and without following the mandatory GUIDELINES FOR REVIEW MEDICAL EXAMINATION issued by the Ministry of Home Affairs dated 20-5-2015, it's extract contained in ANN-5/a, OR, After quashing impugned Report/ANN-3/a & 5, respondents may be commanded to re-visit/re-examine the petitioner in Review Medical Examination by appointing a fresh Medical Board following all the MANDATORY norms & procedure prescribed under GUIDELINES FOR REVIEW MEDICAL EXAMINATION issued by the Ministry of Home Affairs dated 20-5-2015, it's extract contained in ANN5/a. (ii). Any other order/direction, which this Hon'ble Court find more suitable in the interest of petitioner, may also be issued.

(iii) During pendency of this application, one post may be ordered to be kept vacant/reserved for this petitioner to be filled up subject to result of this writ application." This Court has been informed that pursuant to the order dated 30.03.2022 passed by this Court a Medical Board was constituted consisting the expert and the said Medical Board conducted the examination of the petitioner who has been found fit for appointment.

Learned counsel for the Union of India does not dispute the above contention of the petitioner. In the aforesaid view of the matter, this writ application is being disposed of with a direction to the respondents to take consequential action towards appointment

Patna High Court CWJC No.1069 of 2021(12) dt.28-04-2023 3/3 of the petitioner without any delay.

This Writ Application stands disposed of accordingly. (Rajeev Ranjan Prasad, J.) Rajeev/- U