ORDER : 1. This writ petition is heard at length of both the parties. Before passing the order, it would be necessary to make reference of the order dated 22.11.2018 whereby and whereunder another writ petition filed by the petitioner being W.P.(S). No. 4252 of 2013 was directed to be listed along with the instant writ petition but in course of argument, it has been clarified that the subject matter in W.P.(S). No. 4252 of 2013 pertains to order of punishment of censure and the instant writ petition pertains to promotion as Sub-Inspector. It has also been pointed out that withholding of promotion of the petitioner is not on account of the order of punishment of censure therefore W.P(S) No. 4252 of 2013 has been sought to be separated from the instant writ petition. This Court after hearing the learned counsel for the parties and taking into consideration all the factual aspects involved in this case more particularly, the reason of withholding the promotion which is not the order of punishment of censure rather it is the medical category of the petitioner which disentitled him for promotion by withholding it therefore W.P (S). No.4252 of 2013 is directed to be listed separately for its disposal. 2. So far as the prayer made in this writ petition is concerned, which pertains to issuance of direction upon the respondent-authorities to promote the petitioner as Sub-Inspector under the Central Industrial Security Force along with all consequential benefits and to consider the Annual Performance Assessment Report as good and to declare the petitioner to be under SHAPE-I since the petitioner has been treated to be under SHAPE-II Category after the order of promotion dated 28.12.2012. 3. The factual aspect in brief is that the petitioner who has joined his service as Assistant Sub-Inspector in the CISF sometime in the year 1995, confirmed in the said rank on 30.03.1997 and started discharging his duty as Assistant Sub-Inspector in CISF. 3. The factual aspect in brief is that the petitioner who has joined his service as Assistant Sub-Inspector in the CISF sometime in the year 1995, confirmed in the said rank on 30.03.1997 and started discharging his duty as Assistant Sub-Inspector in CISF. The petitioner has been subjected to scrutiny for promotion to the post of Sub-Inspector for which a Departmental Promotion Committee meeting was conducted on 25.01.2012 in which the case of the petitioner has been considered and he has been found to be fit and accordingly the order of Promotion has been issued on 28.12.2012 but subsequent thereto the same has been withheld on the ground of medical category of the petitioner since on the date of consideration of Promotion he was in SHAPE-I Category but subsequent thereto i.e. before the assumption of charge as Sub-Inspector, he has been put to SHAPE-II Category and therefore his promotion to the post of Sub-Inspector has been withheld. 4. Further the fact of the case is that the petitioner has also been subjected to the departmental proceeding in which he has been issued with order of punishment of censure. 5. Although the order of punishment of censure has been assailed by the petitioner before the appellate authority as also before the Regional authority but they have confirmed the order of punishment of censure. The order of punishment of censure is subject matter and challenged in another writ petition i.e. W.P (S). No. 4252 of 2013 which is lying pending before this Court. 6. In this writ petition the grievance of the petitioner is that he has been granted promotion as Sub-Inspector by virtue of order passed on 28.12.2012 and even if the petitioner has been treated to be in low medical category, his promotion cannot be withheld. Further ground has been taken by the petitioner that his Annual Confidential Report is also good for the aforesaid period and after taking into consideration this aspect of the matter, the petitioner has been granted promotion on the basis of the decision taken by the Departmental Promotion Committee in the meeting which was held on 25.01.2012. Therefore, the decision which has been taken by the duly constituted Departmental Promotion Committee, there cannot be any change in the aforesaid decision and since it has been done, the authorities have acted contrary to the Rules of Promotion and therefore the instant writ petition has been filed. Therefore, the decision which has been taken by the duly constituted Departmental Promotion Committee, there cannot be any change in the aforesaid decision and since it has been done, the authorities have acted contrary to the Rules of Promotion and therefore the instant writ petition has been filed. 7. Counter affidavit has been filed by the respondent-authorities wherein stand has been taken that although the petitioner has been imposed with the punishment of censure but the order of censure has got nothing to do for withholding of promotion of petitioner since the petitioner has been promoted by virtue of decision taken by the Departmental Promotion Committee meeting held on 25.01.2012 from Assistant Sub-Inspector to Sub-Inspector and after the decision having been taken by the Departmental Promotion Committee, a memorandum of charge was issued on 28.08.2012. Therefore as per the principle laid down by Hon’ble Supreme Court in the case of Union of India Vs. K. V. Janakiraman, reported in (1991) 4 SCC 109 , the Departmental Promotion Committee in its meeting dated 25.01.2012, has been found fit for promotion and accordingly due recommendation has been made by it in consequence thereof the order of promotion was issued on 28.12.2012. It is stated in the counter affidavit by referring to the order of promotion dated 28.12.2012 that the promotion has been given subject to fulfillment of certain conditions it is that if an employee has been declared fit in the Medical Category SHAPE-I before assumption of charge on promotion and if there is any deterioration in the medical categorization of the above empaneled Sub-Inspector/Min after DPC, the promotion will be withheld, and since before the date of assumption of the charge of the post Sub-Inspector the petitioner has been found to be not in SHAPE-I Category and not found to be in the medically fit category, therefore, in pursuance to the aforesaid condition the promotion of the petitioner has been withheld subsequent thereto the petitioner has been provided with an opportunity to be considered for promotion to the higher post but his medical category since was found to be unfit therefore he was not found entitled to be granted promotion to the higher post, hence no illegality has been made in this decision in withholding the order of promotion. 8. 8. It has been submitted by the learned counsel for the State-authorities that since it is a case of promotion in the discipline force members of the force is supposed to do the Battalion duty therefore the medical condition is necessary to be seen and for that the necessary conditions have been decided to be followed for one or the other candidates in order to be found fit in discharging the Battalion duty and if a person would be promoted or appointed who is found to be not medically fit it will ultimately lead to the insufficiency in the working of the members of the disciplined force and therefore the action having been taken by the authorities in withholding the order of promotion does not suffer from any infirmity. 9. Heard learned counsel for the parties and after appreciating the rival submissions, the factual aspect which is not in dispute that the case of the petitioner having been appointed as Assistant Sub-Inspector sometime in the year 1995 thereafter he has confirmed in the service in the year 1997 since then discharging his duty, the matter of promotion has been due and as such his case was considered for promotion by putting it before the duly constituted Departmental Promotion Committee, meeting of which was held on 25.01.2012 in which the petitioner has been found to be fit and accordingly he has been recommended for promotion from the post of Assistant Sub-Inspector to Sub-Inspector. 10. When the decision was taken by the Departmental Promotion Committee as on 25.01.2012 and before issuance of promotion i.e. on 28.12.2012 the memorandum of charge was issued against the petitioner on 28.08.2012 for initiation of a departmental proceeding for commission of some irregularities. The aforesaid Departmental Promotion Committee has been culminated into order of punishment of censure, which is the subject matter of charge in W.P (S). No. 4252 of 2913 which is lying pending before this Court. 11. It is evident from the order of promotion dated 28.12.2012 that the order of promotion has been issued subject to fulfillment of following conditions :- “Before promoting them, it should be ensured that they fulfill the following conditions. (a) They are confirmed in the entry grade pay or in the present rank. (b) They have successfully completed the promotion cadre course of SI/Min. (a) They are confirmed in the entry grade pay or in the present rank. (b) They have successfully completed the promotion cadre course of SI/Min. (c) They have been declared in the medical category SHAPE-I before being declared fit for promotion by the DPC. If there is any deterioration in the medical categorization of the above empanelled SI/Min after DPC and before actual promotion, the promotion will be withheld. (d) No disciplinary/legal proceedings are contemplated/pending against them. (e) Promotion should not be given during the currency of punishment, if any. (f) In case of SC/ST candidate, a certificate to this effect from the competent authority is available in their service documents.” 12. It is thus evident that a candidate if recommended to be promoted by the Departmental Promotion Committee and after the order of promotion and the assumption of charge, the medical condition of such employee is to be perfect, thereby before assumption of charge, the concerned candidate is supposed to be subjected with specific examination to assess his medical categories. 13. So far as the eligibility condition of an employee is concerned for promotion to the prior post, the medical fitness is necessary to be possessed by a candidate and in case of any deterioration in medical categorization of the concerned employee and before actual promotion, the promotion will be withheld. 14. In the instant case the petitioner although has been recommended for promotion by virtue of decision taken by the Departmental Promotion Committee in its meeting held on 28.08.2012 and thereafter the order of promotion was issued but before assumption of charge as Sub-Inspector, he was subjected to medical examination in which his medical category is found to be not good therefore he has not been found eligible for promotion and hence the promotion has been withheld. 15. It is the admitted case of the petitioner that he has not questioned the medical categories by which he has shown to be unfit in the medical category resulting in withholding the order of promotion therefore the writ petitioner is not fulfilling the eligibility criteria of having the perfect medical condition as per the eligibility condition for promotion to the post of Assistant Sub-Inspector to Sub-Inspector. 16. 16. Learned counsel for the petitioner has tried to impress upon this Court that his ACR is “good” and for that he has annexed copy of ACR which is showing his Confidential Report which is good but it is not a case of withholding the promotion on the ground of the adverse entry made in the ACR rather it is the case of withholding the promotion on the ground of the medical condition since the petitioner has been put in low medical category. It is not in dispute that in the case of disciplined force the perfection in the medical condition of the enrolled person or the members of the force is required to be possessed and if a person having less medical category or with fulfilling element if appointed or promoted the efficiency of the disciplined force will ultimately suffer. 17. It is further not disputed that in law that under the recruitment/promotion Rule it is to be followed strictly otherwise the recruitment or the promotion would be said to be in violation of the statutory rule execution instruction giving the filled/field. 18. Here in the instant case possessing of the perfect medical condition for the member of the enrolled person to be promoted to the higher post is necessarily to be proved but admittedly herein the petitioner is having low medical category therefore he has not found to be given charge of Inspector and as such the order of promotion has been withheld. Even after withholding the order of promotion, the petitioner has been subjected twice for promotion to the post of Inspector but the medical condition of the petitioner was not found to be perfect as warranted in the eligibility condition. 19. In view thereof considered view of this Court the authorities have not committed any illegality in withholding promotion, therefore, this Court is not inclined to interfere in the decision taken by the authority. 20. Accordingly this writ petition is dismissed.