Mangesh Vishnupant Deshmukh v. The State Of Maharashtra Thr Secretary Home Dept. And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10710 OF 2024 Mangesh Vishnupant Deshmukh .. Petitioner Vs.
The State of Maharashtra, Through Home Department and Anr.
.. Respondents Mr. Bhushan Raut, Advocate for the Petitioner. Mr. Ashutosh M. Kulkarni, Advocate for the Respondent-MPSC. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 31ST JULY, 2024.
P.C. :
1.
Heard.
2.
The challenge raised in this writ petition is to the order passed by the Maharashtra Administrative Tribunal in Original Application No.766 of 2024. By the said order, the Tribunal upheld the marks allotted to the petitioner in the pull-ups exercise test that was conducted during the course of recruitment for the post of "Police Sub-Inspector". The Tribunal after reviewing the Close Circuit TV Footage has observed that the petitioner failed to complete the fourth pull-up as he could not touch his chest to the horizontal bar.
3.
According to the learned counsel for the petitioner, since the petitioner's chin crossed the horizontal bar, he ought to be awarded marks even for the fourth pull-up, by making some deductions. Digitally signed by SNEHA ABHAY DIXIT Date:
2024.08.01 10:01:58 +0530 1/2 Dixit SNEHA ABHAY DIXIT 906-WP-10710-2024.doc
4.
We have viewed the CCTV Footage at the request made by the learned counsel for the petitioner. We find that the observations made by the Tribunal in paragraph 6 of its order cannot be said to be incorrect. As per Schedule "A", the manner in which marks are to be allotted in the pullups test has been indicated. Since the petitioner's chest did not touch the horizontal bar at the fourth pull-up, he was not allotted any marks. Instead, he was given full marks for the first three pull-ups. 5.
We do not find that there is any reason to take a different view of the matter. We are therefore not inclined to interfere in exercise of writ jurisdiction. The writ petition is dismissed. No costs. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 906-WP-10710-2024.doc Dixit