Shri. Prathamesh Vilas Karangutkar v. Union Of India, Through Secretary, Intergrated Headquarter (Navy), Ministry Of Defence And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2328 OF 2014 Prathamesh V. Karangutkar ...

Petitioner Vs.

Union of India and ors.

...

Respondents *** Mr. J.M. Puranik for the Petitioner.

Mr. Vinod Joshi a/w. Mr. P.S. Gujar for Respondent Nos.1 to 4. *** CORAM : V. M. KANADE, AND M. S. SONAK, JJ.

DATE : JULY 04, 2016 P. C.

1] The petitioner challenges the order dated 28 October 2013 made by the Central Administrative Tribunal (CAT), dismissing the petitioner's Original Application No. 606 of 2013. 2] We have heard Mr. Puranik, learned counsel for the petitioner and Mr. Vinod Joshi alongwith Mr. P.S. Gujar for respondent Nos.1 to 4. We have also perused the record as well as the impugned order made by the CAT.

3] We are satisfied that the petitioner has not made out any case warranting interference with the impugned order. The CAT has 1 / 2

wp-2328-14 rightly noted that the petitioner had secured only 12 marks in the written test, when in fact, the last candidate upon the select list had secured 51 marks. Similarly, even in the oral interview, the petitioner secured lesser marks than last candidate on the select list. In matters of determination of relative merit, neither the CAT nor for that this Court, can have any substantial role to play, particularly in the absence of any charge of mala-fides.

4] In the aforesaid circumstances, there is no case made out to interfere with the impugned order. This petition is, accordingly, dismissed.

5] There shall however, be no order as to costs. [M. S. SONAK, J.] [V. M. KANADE, J.] 2 / 2