VIJAY BALBHIM PAWAR Vs. SECRETARY HOME DEPARTMENT MAHARASHTRA

JUDGEMENT

(1.) By this petition, the order dated 29th August, 2002 passed in Original Application No. 298 of 2001 by the Maharashtra Administrative Tribunal is impugned by the Petitioner. He seeks writ of mandamus directing Respondents to consider his claim for the post of police constable.

(2.) Father of the Petitioner was a police constable and retired from service on 1st October, 1987. Being duly qualified, the Petitioner submitted his application. In the course of recruitment of constables in 1992, alongwith certificate regarding his participation in National Karate Championship event held at Kareem Nagar, Andhra Pradesh. He was found suitable in written test and was called for interview. He secured only 16 marks and as such was not considered eligible for the appointment.

(3.) According to the Petitioner, he was deliberately allotted one mark less than the passing marks (17 out of 50). In fact he has acquired gold medal in Judo-Karate and as such was entitled to get grace marks. He should have been declared as passed in the test but the Respondent No.3 did not give him any grace marks and deliberately pushed him out of zone for consideration. He made representation to various authorities and ventilated his claim for being appointed as police constable. His request for such appointment came to be rejected. He filed Original Application No. 298 of 2001 before the Maharashtra Administrative Tribunal and sought necessary directions to the Respondents to consider his claim for the post of police constable. The Tribunal dismissed his application and as such he has filed the present writ petition.