Niranjan Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6289 of 2013 =========================================================== Niranjan Kumar Son of Ram Bachan Singh, resident of village - Chiraiya, P.O.- Sambey, Police Station- Warisaliganj, District- Nawada, Bihar, Pin- 805130. .... .... Petitioner/s

Versus

1. The Union of India through Ministry of Home Affairs, New Delhi

2. The Directorate General of Police, Group Centre C.R.P.F., New Delhi

3. The Director General of Police Group Centre C.R.P.F., Mokamehghat, Patna

4. The Commandant, Group Centre C.R.P.F., Mokamehghat, Patna

5. The Dy. Commandant, Group Centre C.R.P.F., Mokamehghat, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : M/s Ravi Bhardwaj and Shambhu Sharan Kumar, Advs. For the Respondent/s : Mr. Rakesh Kumar Sinha, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 26-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner has raised a limited grievance that he has wrongly been declared medically unfit on the ground of impairment in his eyes. As per the petitioner, vision of his both eyes are 6/6, but the Review Medical Board has found Right side 6/9 and 6 by 12 in left side. The petitioner had applied for his selection on the post of Constable in C.R.P.F. He was finally selected. When he was put to medical examination, he was found medically unfit for three medical deficiencies. Thereafter, he filed the review application, Medical Review Committee examined the petitioner and found deficiency in his eyes. With regard to the

Patna High Court CWJC No.6289 of 2013 dt.26-02-2016 2/2 deficiency in the eyes of the petitioner, it was reported that the vision in right eye is 6 by 9 and 6 by 12 in left eye, whereas it ought to be 6 by 6. The counsel for the petitioner submits that the eyes of the petitioner were examined by Eye Specialist of P.M.C.H. as well as Eye Specialist of Sadar Hospital, Nawada and found no deficiency in his eyes. Both the doctors have reported vision 6 by 6 in his both eyes and he has wrongly been deprived of selection on the medical ground. Looking to the facts and circumstances of the case, the petitioner will report to the Director General of Police, Group Centre, C.R.P.F. New Delhi, who is directed to constitute a team of Doctor for the purpose of medical examination of the petitioner especially for examination of the eyes of the petitioner.

If the petitioner qualifies in the medical examination, it goes without saying that the respondent authority will give the benefit to him which he is entitled.

The petitioner is directed to approach the Director General of Police within six weeks from today and he will be obliged to get the medical examination of petitioner done within a period of further six weeks.

Accordingly, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U