IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19668 of 2021

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Abhishek Kumar Jha Son of Ratna Nand Jha Resident of Mohalla- Shiv

Nagar, Post Office- Gonawan, Police Station- Nawada, District- Nawada.

... ... Petitioner/s

Versus

1.

The Union of India through Ministry of Personnel Public Grievance and

Pension, Department of Personnel and Training, Staff Selection

Commission, New Delhi.

2.

The Regional Director (CR), Staff Selection Commission, Civil Lines,

Kendriya Sadan Prayag Raj (U.P.).

3.

The Presiding Officer, Executive Board, DME of SIS and ASIS SSC 2019,

Command Hospital, CRPF, Muzaffarpur, Bihar.

4.

The Chief Medical Officer (Sh)/Comdt. Command Hospital, CRPF,

Muzaffarpur, Bihar.

5.

The Medical Officer/AC, DME of SIS and ASIS SSC 2019, Command

Hospital, CRPF, Muzaffarpur, Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Sanjay Kumar Sinha, Advocate

For the UOI

:

Mr. Ratnesh Kumar, CGC

For the SSC

:

Mr. Manoj Kumar Singh, Advocate

Mr. Kautilya Kumar Prasad, JC to CGC

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 09-05-2022

Heard learned counsel for respective parties.

In the instant petition, petitioner has prayed for the

following reliefs:-

(i) For issuance of writ in the

nature of certiorari setting aside the

Review Medical Examination report

dated 29.10.2021, issued under the

signature of Chief Medical Officer,

Command Hospital, Muzaffarpur (as

contained in Annexure-7), whereby and

whereunder the aforesaid have issued

Patna High Court CWJC No.19668 of 2021 dt.09-05-2022

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certificate to the extent that the petitioner

is declared unfit due to operated

Hydrocele-1½ month ago as per Clause

11, 4(b) of the guidelines for recruitment

medical examination in CAPF in medical

examination for appointment of S.I. in

Delhi Police, CAPFs and ASI in CISF,

which is contrary to the Clause 6(25) of

the said guideline.

(ii) For setting aside the

consequential medical examination

report dated 28.10.2021 issued under the

joint signature of Presiding Officer,

Executive

Board

and

Medical

Officer/AC, CH, CAPF, Muzaffarpur by

which the aforesaid given opinion and

issued memorandum of unfit in the same

reason, which also contrary to the

guideline for the same.

(iii) For issuance of writ in the

nature of mandamus directing and

commanding the respondents concern to

reconsider the case of petitioner by

constituting a fresh medical board for re-

examination of the petitioner.

(iv) For issuance of any other

writ/writs,

order/order,

direction/directions, relief/reliefs to the

petitioner as your Lordships may deem fit

and proper.”

During the pendency of the present petition, petitioner

was subjected to review medical examination in which petitioner

was found fit.

Patna High Court CWJC No.19668 of 2021 dt.09-05-2022

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In the light of the aforesaid development, the concerned

official respondents are hereby directed to consider the petitioner’s

candidature for selection and appointment in accordance with law.

Vikash/-

(P. B. Bajanthri, J)

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