MAHINDER SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, petitioner has sought for quashing order dated 20.11.2015 (Annexure P-13) by which petitioner is held to be ineligible to the post of Sub Inspector (Ministerial) on the score that he is suffering from colour blindness due to which he has been categorized as shape-V. Post of Sub-Inspector (Ministerial) is governed by two sets of Rules. One was issued on 14.3.1989 and the other one in the year 2010 called "Central Reserve Police Force Sub Inspector (Ministerial) Inspector (Ministerial) and Subedar Major (Ministerial) Recruitment Rules 2010 (for short "2010 Rules"). One of the method of recruitment is by way of promotion to the post of Sub Inspector (Ministerial) and equivalent post. Item No.12 reads as under: <FRM>JUDGEMENT_108_LAWS(P&H)12_2017_1.html</FRM>

(2.) Learned counsel for the petitioner relied on Rule 1989 to contend that he was appointed in the year 2003 prior to commencement of 2010 Rules, therefore, for the purpose of promotion to the post of Sub Inspector (Ministerial), his name is to be considered for promotion under 1989 Rules and not 2010 Rules. He relied on Note of 2010 Rules which reads as under:

(3.) Perusal of Note to the 2010 Rules, it is evident that 1989 Rules is not saved in entirety so as to ignore the aforesaid item No.12 of Rules 2010. Note of 2010 Rules is only to the extent of prescribed quota for Sub Inspector (Ministerial) as per the recruitment rules issued on 14.3.1989. In other words 1989 Rules could be adopted by the official respondents for the purpose of promotion only with reference to prescribed quota. In other words, one cannot ignored item No.12 i.e. criteria of recruitment to the post of Sub Inspector (Ministerial). Therefore, when the official respondents have examined petitioner medically and found that he is suffering from colour blindness and has been categorized as shape-V. Hence, the petitioner do not fulfill the requisite criteria of shape-I for the purpose of promotion to the post of Sub Inspector (Ministerial) (vide item No.12 of Rules 2010). Thus, the petitioner has not made out a case so as to interfere with impugned decision of the official respondents.