SURINDER PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioners sought for quashing/setting aside the Standing Order No. 10/2000 dated 20.12.2000, so far it relates to "medical categorisation" of C.R.P.F. officials and also for quashing/cancelling the Recruitment Rules for the post of Group-A(General Duty)officers of C.R.P.F. relating to medical categorisation.

(2.) The petitioners who are holding the posts of Commandant, Deputy Commandant and Assistant Commandant filed this writ petition contending, inter alia, that at the time of entry in service, their medical fitness had been tested in view of Rule 105 of the Central Reserve Police Force Rules, 1955 (herein after referred to as the "Rules of 1955") and there was no provision of medical categorisation after enty in service at the relevant time. The rule making power as has been envisaged under Section 18 of the Central Reserve Police Force Act, 1949(hereinafter referred to as "the Act of 1949) does never contemplate to frame any Rule or standing order for medical categorisation of officers already entered in service after due medical test. Though there is no provision either under the Act of 1949 or Rules framed thereunder enabling the authority to alter, verify or modify the service condition of Gazetted Officers by any standing Order, but surprisingly the Director General of C.R.P.F. has issued Standing Order No. 10/2000 on 20.12.2000 under the caption "MEDICAL CATEGORISATION AND INVALIDATION OF CENTRAL RESERVE POLICE FORCE PERSONNEL" and under the aforesaid Standing Order, all the Gazetted Officers and A, B, C, D and E for Non-Gazetted Officers in C.R.P.F. shall have to pass a medical categorisation test once a year which purportedly authorises termination from service declaring permanently unfit for C.R.P.F. duty. Being apprehensive, the petitioners filed this writ petition challenging the aforesaid Standing Order.

(3.) The Union of India has contested the case filing counter-affidavit contending, inter alia, that the Central Government has the power to frame Rule for carrying out the object of the Act of 1949 under Section 18 of the said Act and in exercise of that power the Central Government framed Recruitment Rules for the Group A (General Duty) officers prescribing the medical categorisation. The medical categorisation as has been prescribed by the Standing Order No. 10/2000 in fact provides the SHAPE I category being mandatory for promotion to all Group-A' Posts in Central Para-military forces including the C.R.P.F. The Director General issued the impugned Standing Order No. 10/2000 under the instruction of the Central Government pursuant to Rule 4 of the Rules of 1955 and as such it is neither illegal nor invalid. The aforesaid Standing Order as soon as has been published in the Official Gazette, it should be treated to be part of the related Recruitment Rules and as such the petitioners should not have any grievance.