R. C. LAHOTI ( 1 ) THE petitioner joined Indo Tibetan Border Police (ITBP, for short) as constable (GD) on 25. 9. 1972. On 28. 6. 82 he was promoted as Head Constable (Radio Operator ). In February, 1988, the petitioner was referred to Army Hospital on account of hearing problem in his ears. There he was put in medical category CEE and was fitted with hearing aids. On 17th October, 1990 the petitioner was empannelled on D list - nd thus in the promotion panel to the rank of sub inspector (RO ). However, he was not given promotion and was continued to be retained in his existing rank and job. He represented against his supersession in view of his juniors having been promoted. On 15. ,4. 93 his name was directed to be deleted from the D-list in view of his having been retained in medical category BEE (P) for the preceding two years. On 26. 5. 93, the present petition has been filed seeking restoration of the petitioner s name in the select list-D and for quashing the order deleting the name. of the petitioner from that list. Relief of promotion from a back date with effect from which his juniors were promoted has also been sought for. ( 2 ) ACCORDING to the respondent, the petitioner is Head constable ( Radio Operator) in ITBP. The force is charged with the duty of protection and security of northern mountain borders of the country. The duties to be discharged by the force are highly sensitive. For this reason, only such persons of the force as are in medical category AYE are considered for promotion to the higher post. Though the petitioner was brought on approved list d (the list meant for promotion from Head constable to sub inspector) on 20. 1. 1990 but he could not be promoted as he was in low medical category i. e. CEE (temporary ). The petitioner has been a wireless operator. His hearing impairness affects his proficiency in receiving messages and even a minor error in receiving the message may cause disaster not only to the force but also to the country. Keeping in view this paramount consideration the departmental instructions have been issued laying down guidelines for promotion which have been consistently followed since 1977. His hearing impairness affects his proficiency in receiving messages and even a minor error in receiving the message may cause disaster not only to the force but also to the country. Keeping in view this paramount consideration the departmental instructions have been issued laying down guidelines for promotion which have been consistently followed since 1977. It has been specifically mentioned therein that no person of low medical category shall be promoted to the next higher post. Since the post of sub inspector in ITBP carries higher responsibility, the petitioner has not been promoted as he has failed to satisfy the standards laid down by the said instructions. ( 3 ) THE impugned order dated 15. 4. 1993 states that the petitioner, in spite of his name having been brought on the list-D, had continued to remain in medical category BEE (P) for a period of over two years and the medical category-having not been upgraded his name was being deleted from the list. ( 4 ) AT the hearing the learned counsel for the petitioner has raised the following three contentions;. RR (I) that the case of promotion of the petitioner is. governed by Indo-Tibetan Border Police ( (Non Gazetted Telecommunication Cadre) Recruitment Rules, 1983. The Schedule appended with the rules provides for promotion to the post of Jamedar (radio technician- equivalent to Sub Inspector) to be filled up by promotion from the cadre of head constables who have completed five years service in the grade and passed certain courses which admittedly the petitioner has passed. The disqualifications are provided by Rule 7 wherein the petitioner does notfall. Impairment of hearing capacity is a not ground contemplated by the rules for denying promotion. If the petitioner can perform the duties of head constable (radio operator) in spite of his hearing impairment there is no reason to assume why he would not be able to perform the duties associated with the post of sub inspector. (II) That ITBP does not have any medical categories or categorisation based on medical examination. The categories AYE, BEE and CEE are all borrowed from army. By parity of reasoning the army rules and instructions would apply to ITBP. The army instructions dated 20. 2. 1993filed with the petition as annexure- A lay down as under: "eligible upto Med Cat bee . Personnel placed in med. The categories AYE, BEE and CEE are all borrowed from army. By parity of reasoning the army rules and instructions would apply to ITBP. The army instructions dated 20. 2. 1993filed with the petition as annexure- A lay down as under: "eligible upto Med Cat bee . Personnel placed in med. category BEE will be eligible for promotion to the next higher rank. This will include both temp and permt low med cat. This will be irrespective of whether or not the disease, sickness or injury is attributable to or aggravated by service condition. However, cause of med cat BEE (both temp and permt) due to psychological causes, misconduct or self inflicted injuries will not be eligible for promotion. " As such the petitioner s placement in medical category BEE does not disqualify him from promotion. (III) standing Order No. 15/77 dated 13. 10. 1977 and Appointment/promotion in Telecommunication Cadre of ITBP provides vide para 5 that for the purpose of appointment/promotion as Jamedar ( radio operators) the physical standard shall be the same as per Rule 7 of the CRPF Rules, which rule does not make any provision for assessment of hearing capacity. The respondents were, therefore, not justified in excluding the petitioner by assessment of his hearing capacity. ( 5 ) ALL the contentions raised by the learned counsel for the petitioner though appear to be impressive prima facie, turn out to be devoid of any merit on an in-depth scrutiny as has been pointed out on behalf of the respondent and as will be noticed hereinafter. The ITBP Non-gazetted Telecommunication Cadre Recruitment Rules, 1983 were preceded by the Rules of 1978. None of the two sets of rules lays down well defined guidelines governing promotions. To supply the gap Standing Order No. 15/77 was issued by the Inspector -General, ITBP on 13. 10. 1977. It is well settled that the field left unoccupied by statutory rules can be governed by executive instructions and so long as they are not superseded or are not contrary to the statutory provisions they hold the filed. It has been rightly pointed out on behalf of the respondent that the physical standards as per CRPF Rule 11 referred to in para 5 apply only for direct recruitment. It has been rightly pointed out on behalf of the respondent that the physical standards as per CRPF Rule 11 referred to in para 5 apply only for direct recruitment. Sub para (b) governs the case of promotion from head constable (radio operator to Jemadar (radio operator) list-D. To the extent of all these provisions the petitioner is fully eligible for promotions. However, there is a general provision made by para 14 of the Standing Order which governs all cases of promotion including the promotion of Head constable to Jemadar. It provides as under: "14: Low medical category personnel will not be considered for promotion until their medical category is upgraded to AYE. ( 6 ) AT the time of hearing it was categorically stated on behalf of the respondents that this Standing Order has been followed in letter and spirit and uniformly since 1977 upto date in ITBP, ( 7 ) IT was further pointed out on behalf of the respondent that for the purpose of finding out medical category in ITBP we need not go to Army Rules/orders inasmuch as the ITBP has its own categorisation. At the time of hearing a copy of the Memorandum dated 28. 8. 77 issued by the Directorate General ITBP ( Ministry of Home Affairs) Govt of India issued under the authority of the Chief Medical Officer was brought to the notice of the court. It shows a generalised medical categorisation having been made and defined into four categories i. e. AYE, BEE, CEE and EEE. It is as per this categorisation that the petitioner was placed in category BEE, initially temporarily and then permanently. At the time of hearing it was further pointed out on behalf of the respondents that when a personnel is placed under low medical category, he is so placed initially temporarily. All possible effort is made by the Force to render medical assistance and see if physical and mental fitness of the personnel could be restored. If the hopes of restoration are lost the category is made permanent and then the consequences follow. Initially the promotion is denied and if it is found that the personnel has been rendered unfit for service, he is medically invalidated after following the prescribed procedure and by giving him the legitimate and due benefits. If the hopes of restoration are lost the category is made permanent and then the consequences follow. Initially the promotion is denied and if it is found that the personnel has been rendered unfit for service, he is medically invalidated after following the prescribed procedure and by giving him the legitimate and due benefits. In the case of the petitioner he having been found a low medical category personnel permanently he could not be considered for promotion as his medical category could not be upgraded. It may be mentioned here that in so far as the petitioner s categorisation in medical category BEE (P) Is concerned, the same is not under challenge. ( 8 ) IN the abovesaid facts we are satisfied that the petitioner cannot be said to have been wrongfully excluded by the respondents from consideration for promotion on the post of sub inspector. ( 9 ) AT the end, it was contended by the learned counsel for the petitioner that he has been met with hostile discrimination inasmuch as Jagdev Singh, and N. K Shakalaya -both head constables in low medicaicategory and similarly placed as the petitioner is, were promoted as sub inspectors but the petitioner has been excluded. The respondents have pointed out that Jagdev Singh though placed initially in low medical category CEE (W) was promoted only on his upgradation of medical category to AYE by competent medical authorities, A copy of the medical certificate of Jagdev Singh has been filed. As regards N. k. Shakalaya, it has been stated by the respondent that he has always been in medical category AYE and according to the record of the respondent he was never a physically handicapped person as is being alleged by the petitioner. We see no reason to disbelieve the facts stated in the counter supported by the affidavit of an authorised officer of the respondent. Charge of hostile discrimination also falls. ( 10 ) NO other point was urged. ( 11 ) FOR the foregoing reasons we find no merit in the petition. Accordingly the petition is dismissed though with no order as to costs.