ORDER :

Tashi Rabstan, J.-The brief facts as narrated in the petition are as under:

2. The case of the petitioner is that he was selected/appointed as constable, General Duty (GD) in Central Reserve Police Force on 02.12.2009 and deputed for training at Group Center Yelenka Bangalore for 44 weeks. After completing the training successfully, he was sent to 182 Battalion CRPF Pulwama. Since then, the petitioner had been working at the utmost satisfaction of his higher authorities and subsequently, he qualified for Radio Operator Basic Course SL No.303(C) at 3 Signal Battallion CRPF Kolkata West Bengal and underwent training w.e.f 01.09.2008 to 16.05.2009. After completion of Radio Operator Basic Course, a certificate to this extent was issued by the Commandant 3- Signal Battalion, Kolkata and the petitioner along with other similar situated constables/trainees, stood transferred to 2-Signal Battalion CRPF, Hyderabad vide CRPF office order No.T.I.X.18/2009-Estt. dated 13.05.2009. The petitioner along with other constables was recommended for remustering of CT/GD as Head Constable Radio Operator after passing the Radio Operator Basic Course vide communication dated 12.08.2009 whereby list of candidates approved for Head Constable/Radio Operator issued by respondents vide communication dated 17.08.2009. It is contended that after issuing the list of approved remustering for the post of constable GD, the petitioner left his house on leave, however while completing the leave, the petitioner returned to his Unit and was detected colour blindness and the Medical Officer categorised him shape E5 as per provisions of categorization of medical laid down in Standing Order No. 4/2008 and as such, found not eligible for promotion.

3. Feeling aggrieved, the petitioner has questioned his rejection of promotion though the medium of this petition on the strength of the grounds taken therein.

4. I have heard learned counsel for the parties, considered their submissions and perused the writ record.

5. Before dealing with the issue, it would be advantageous to reproduce hereunder the relevant rule of Central Reserve Police Force Rules hereunder:-

11. Enlistment Standards

(a) Save as here in otherwise provided, no person shall be enrolled as a member of the Force unless he conforms to the following minimum

(i) For Sub Inspector Age no less than 19 and not more than 24 years.

(ii) For Head Constables Age not less than 18 and not more than 23 years.

(substituted vide GSR 2600 dated 16.10.1975)

(4) Following shall be the minimum educational qualifications for direct recruitment in the following ranks namely

Sub Inspectors Graduate (or 9 Equivalent Army Head Constables Matric (qualifications or Naiks). (in case of Constables Matriculation (ex-Army men). (substituted vide GSR-712 dated 15.9.87)

(b) The minimum standard laid down in sub rule (a) in so for as it relates to height may be relaxed from 5’-7” to 5”-5” in the case of people having martial, traditions such as Gorkhas, Garkwalis, Kumaonese, Dogras and Marathas;

(bb) the minimum standard laid down in sub-rule (a) may be relaxed:-

(i) in so for as it relates to height, from 5’.t7” to 5’-4”.

(ii) (ii) in so for as it relates to chest measurement, from 31 1/2”-expanded 33 1/2” to 30”-expanded 32” for Adivises.

(c) The minimum standard laid down in sub rule (a) in so for it relates the height may be relaxed from 5’-7” to 5’-4’ in case of persons who have attained the age of eighteen years but have not attained twenty years; (sub-rules (b) and (c) substituted vide GSR 912 dated 7.6.67)

(d) The minimum chest standard laid down in sub-rule (a) above may be relaxed by one inch in case of all persons including those belonging to hill tribes who have attained the age of 18 years but not more than 20 years.

Provided t