* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: March 4, 2024 + W.P.(C) 16405/2022 (59) BABU SHETTY ..... Petitioner Through: Mr. Anilendra Pandey, Advocate Versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Radhika Bishwajit Dubey, SPC for UOI CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE SAURABH BANERJEE, J. (ORAL)

1. The petitioner, after appointment on 25.05.1988 as Constable (GD) in Central Reserve Police Force, [Hereinafter referred to as ‘CRPF], completed his Armor course and shifted to the Armor Division, where he was promoted to Head Constable, Armor Division in 2004. Later, in the year 2015, the petitioner completed his training for the rank of Sub-Inspector.

2. On 03.08.2018, the Ministry of Home Affairs, [Hereinafter referred to as ‘MHA’.] vide memo no. O.VI-7/2013-PERS-II, introduced creation of the post of Assistant Sub Inspector, [Hereinafter referred to as ‘ASI’.] for General Duty personnel within CRPF, which was later accepted by the Directorate General i.e. respondent no.1, through order no.O.VI-7/2013-ORG-DA-III dated 21.12.2018, specifically for CRPF Armor Division.

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3. On 18.03.2021, the petitioner while in service with CRPF in an unfortunate incident lost consciousness and sustained a head injury, whereafter, he was first transported to CRPF Composite Hospital, Hyderabad and then referred to Care Hospital, Nampally for treatment, where he was detected with a fracture to the Bifrontal area. Soon thereafter in April, 2021, he was again hospitalised, when due to sudden injury, he lost his left eyesight. Thereafter, on 23.06.2021, the petitioner was placed under P3 (T-24 wks), E3(T-12 wks) medical category due to optic neuropathy.

4. It was then on 13.09.2021, the petitioner was promoted from Head Constable/ Armor to Assistant Sub Inspector (ASI)/ Armor, vide Directorate Letter No. P.VII.39/2021-Estt(04/2020)-DA-6.

5. However, since the promotion of the petitioner was revoked vide Directorate letter no. P.VII.39/2021-Estt-DA-6(P/Cell) on 22.07.2022 and though a Legal Notice was issued to the respondents on his behalf for reconsidering their decision but no response thereto was received.

6. Hence, the petitioner has filed the present petition under Article 226 of the Constitution of India seeking a direction to the respondents for promoting him to the rank of ASI (Armour) with immediate effect, along with back wages.

7. Learned counsel for the petitioner, relying upon Ravinder Kumar Dhaliwal & Anr. vs. Union of India and Ors., [(2023) 2 SCC 209] and Union of India vs. Devendra Kumar pant and Ors., [(2009) 14 SCC 546], submits that a proportionality analysis for a right-limiting measure is mandated and a person, otherwise eligible, W.P.(C) 16405/2022 Page 2 of 6 Signature Not Verified

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will not be denied promotion merely on the ground that he suffers from a disability.

8. Thereafter, relying upon Atul Kumar Sharma vs. Delhi High Court, [W.P. 4077-84/2004 decided on 23.10.2009], learned counsel submits that rules prescribing eligibility criteria cannot stand in the way of directing promotions in favour of those unfairly denied such relief on account of inaction or wrong action of the State agency.

9. Learned counsel, then relying upon Section 20(3) of the Right of Persons with Disability Act, 2016, [Hereinafter referred to as the ‘RPD Act], submits that the petitioner is well and truly protected by the same and the respondents cannot deny him promotion.

10. Learned SPC for the respondents submits that for promotion in CRPF, Medical Categorization of SHAPE-I is mandatory as per Clause 4.13 of the Standing Order No. 04/2008 relating to ‘Combined Low Medical Factors’, however, the only relaxation to this is provided under Clause 4.17(ii)(b) of the said Standing Order No. 04/2008 relating to ‘Combined Low Medical Factors-Relaxation in SHAPE-I Medical Category’, wherein it is stated that