OSHIHAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to consider the case of the petitioner for promotion to the higher post of Deputy Commandant w.e.f the date on which the persons junior to him have been granted promotion along with all consequential benefits and further prayer has been made for direction upon the respondents to forthwith give benefits of circular dated 17th May, 2002 which empowers the authorities to give relaxation in individual cases for considering the cases of one or other disabled persons, if they came in the category of SHAPE-II, and if they are otherwise fit for promotion.

(2.) The facts, in brief, is that the petitioner joined the services of Boarder Security Force on 15.11.1997 as Assistant Commandant, after going through proper selection process. It has been averred that after joining, the petitioner served with utmost satisfaction to his superior authorities without any complain and has served in almost all regions of the country and international boarders. However while continuing as such, he underwent tough training and in course of such training, he suffered leakage of blood in right eye, which was treated at different places. Resultantly, petitioner's eye vision reduced to 6/9 in right eye and 6/6 in left eye, which is termed as recurrent vitreous hemorrhage. Pursuant thereto, a medical board was constituted on 08.08.2001, who recommended medical category of the petitioner as S1H1A1P1E2 (P), which was approved by the then Inspector General (Personnel) on 5.9.2001. It has further been averred that after the first Medical Board, the petitioner was instructed to go for second Medical Board, after completion of 96 weeks or in two years for re-categorisation and after review the petitioner was again put under the same category i.e. S1H1A1P1E2 (P) vide its report dated 05.01.2009. As a result of such medical report, when the petitioner applied for promotion, his case was not considered lacking the medical category of SHAPE-1 and for lacking Young Officers Course, Leg-2.

(3.) Learned counsel for the petitioner submitted that petitioner is seeking promotion to the post of Deputy Commandant, for which following requisite eligibility criteria is specified under Rule 8 of Border Security Force (General Duty Officers) Recruitment Rules, 2001: