- (1.) Petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India to issue the writ of Mandamus commanding the respondents to ensure the compliance of the order dated 19.03.2007, whereby the petitioner was directed to be promoted to the post of Assistant Sub Inspector (Exe).
(2.) Undisputedly, vide Annexure I dated 19.03.2007, petitioner was directed to be promoted on the post of Assistant Sub Inspector (Exe) with the stipulation that before posting on the promotional post, it should be ensured that petitioner fulfills the following conditions : (a) They are confirmed in the entry grade or in the present rank. (b) They have successfully completed the promotion cadre course of ASI/Exe. (c) They have been declared in the medical category SHAPE I before being declared fit for promotion by the DPC. (d) No disciplinary case is pending against them and promotion should not be given during currency of punishment. (e) In the case of SC/ST candidates, it may be ensured that a certificate to the category issued by competent authority is available in their service documents. After verifying the same, the concerned individual be promoted/relieved on promotion cum posting to the concerned unit.
(3.) Undisputedly, Civil Hospital, Surat has issued SHAPE I category certificate to the petitioner, as alleged in para 9 of the supplementary counter affidavit dated 15.03.2010. Undisputedly, later on, petitioner was noticed limping on left foot, therefore, he was directed to appear before the StandingMedical Board at Saket, New Delhi, for the medical checkup. Thereafter, petitioner was not found in SHAPE I rather, was found in SHAPE II, therefore, promotion was not given to the petitioner. Undisputedly, promotion to the post of ASI/Exe can be given to those, who are found in SHAPE I.;