hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2689 OF 2006 WRIT PETITION NO. 2689 OF 2006 WRIT PETITION NO. 2689 OF 2006 Prasad Bhavan Krishnan Nair Shaji... Petitioner Versus Union of India and Ors. ... Respondents Mr. Sandeep Marne for Petitioner. Mr. G. Hariharan with Mr. M.S. Bhardwaj for Respondents. CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & CORAM: F.I. REBELLO, & A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. A.A. KUMBHAKONI, JJ. DATED: OCTOBER 20, 2008 DATED: OCTOBER 20, 2008 DATED: OCTOBER 20, 2008 P.C. P.C. P.C. . The Petitioner had earlier approached this court by filing W.P. No. 314 of 2006. Considering the contentions urged, we had directed the Petitioner to make a representation. The Petition was disposed of with that direction on 8.3.2006. . Subsequent to the directions, the Petitioner made representation. This representation has been disposed of by order dated 23.8.2006. The Petitioner is presently holding the post of Pradhan Navik and seeks promotion to the post of Adhikari (Power). One of the requirement for consideration for promotion is that the Petitioner must complete PO(L) "Q" course. While disposing of the representation it is pointed out that the medical specialists in the petitioner’s case had opined that the Petitioner has to avoid strenuous exertion. This is based on the fact that PO(L) "Q" course requires physical fitness since it also involves certain outdoor physical activities. In respect of two of the cases mentioned by the Petitioner of one Mr. V.G. Martin who has his junior, it has been explained that he is undergoing the course which was approved by the competent authority and more specifically dispensation was made while considering the case. In so far as Mr. P.M. Satdeo, Adh(P), it was explained that he was placed in low medical category because it was found that his injury attributed to the services and therefore, he was not disqualified. The Petitioner was serving in the Armed forces of this country. There are no allegations of mala fide or colourable exercise of power. The Petitioner has been denied promotion based on the medical record as was available. Hence, in these circumstances,it will not be possible to interfere with the decision taken on the Petitioners representation. . Considering the above, Petition disposed of. (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (A.A. KUMBHAKONI, J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.) (F.I. REBELLO,J.)