Patna High Court
Abhishek Kumar Jha vs The Union Of India on 9 May, 2022
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
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
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.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
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