High Court Kerala High Court

Rijesh.V. vs State Of Kerala on 14 August, 2009

Kerala High Court
Rijesh.V. vs State Of Kerala on 14 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16925 of 2009(I)


1. RIJESH.V., S/O.C.P.NARAYANAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR GENERAL OF POLICE,

3. THE COMMANDANT, KAP IV BATTALION,

4. KERALA PUBLIC SERVICE COMMISSION,

5. THE DISTRICT OFFICER,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :14/08/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                   -----------------------------
                      W.P(C) No.16925 of 2009-I
                  ------------------------------
               Dated this the 14th day of August, 2009.


      Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the

petitioner,  Sri.Antony   Mukkath,   the   learned   Government      Pleader

appearing for respondents 1 to 3 and Sri.Alexander Thomas, the learned

standing counsel appearing for the Kerala Public Service Commission.

      2.    The petitioner was an applicant for appointment to the post

of Police Constable in the Armed Police Battalion in Kasargod District.

When the petitioner appeared for the physical efficiency test held on

5.5.2009, his height was recorded as 166.5 cms. He was accordingly

disqualified. He appealed against the decision and on re-measurement

his height was recorded as 166.8 cms.         Since he did not have the

minimum prescribed height, the decision disqualifying him was upheld.

This writ petition was thereupon filed challenging his disqualification. The

petitioner contends relying on Ext.P4 and P5 certificates that his height is

167 cms.

      3.    When this writ petition came up for admission on 1.7.2009,

in view of the difference in the height originally recorded and on appeal

this Court directed the Kerala Public Service Commission to have the

height of the petitioner remeasured with the assistance of the District

Medical Officer, Kasargod. As directed by this Court, the District Medical

Officer, Kasargod remeasured the height of the petitioner and has

W.P(C) No.16925 of 2009-I             2

certified (Ext.R4(b) that the petitioner's height is 166.7. cms.       The

petitioner does not question the correctness on the said measurement.

He however relies on Exts.P4 and P5 produced along with the writ petition

to contend that he has the minimum prescribed height.          Apart from

Exts.P4 and P5 which are certificates issued by the Assistant Surgeon,

General Hospital, Thalassery and an Assistant Professor of the

Department of Medicine, Kannur Medical College, the petitioner has not

produced any material to show that his height was not correctly measured

in the physical test held by the Kerala Public Service Commission. In the

two measurements conducted by the Kerala Public Service Commission

and the third measurement conducted at the intervention of this Court,

the petitioner's height was found to be below 167 cms. In the absence of

any cogent material to show that the measurement conducted by the

District Medical Officer is incorrect, no reliance can be placed on Exts.P4

and P5. In such circumstances, I find no reason to interfere with the

decision taken by the Kerala Public Service Commission to disqualify the

petitioner.

       I accordingly hold hat there is no merit in this writ petition. The

writ petition fails and is dismissed.

                                            Sd/-
                                      P.N.RAVINDRAN
                                          Judge
ab


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C).No. 14911 of 2008(A)


#1. VINOD K.,
                      ...  Petitioner
2. ANITHAKUMARI C.K.

                        Vs



$1. KERALA PUBLIC SERVICE COMMISSION,
                       ...       Respondent

2. KERALA WATER AUTHORITY,

!                For Petitioner  :SRI.KALEESWARAM RAJ

^                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

*Coram
 The Hon'ble MR. Justice P.N.RAVINDRAN

% Dated :03/08/2009

: O R D E R

P.N.RAVINDRAN, J.

—————————–

W.P(C) No.14911 of 2008-A

——————————

Dated this the 3rd day of August, 2009.

J U D G M E N T

Heard Sri.Kaleeswaram Raj, the learned counsel appearing for

the petitioner, Sri.Alexander Thomas, the learned standing counsel

appearing for the Kerala Public Service Commission and

Sri.C.Unnikrishnan, the learned standing counsel appearing for the Kerala

Water Authority.

2. The petitioners who were working as Peon and Hospital

Attendant Gr.II respectively in different departments, applied for

appointment by direct recruitment and also by transfer to the post of

Lower Division Typist in various departments in Kasargod district. The

notification inviting applications was published in the Kerala Gazette

dated 31.12.2005. By the same notification, applications were invited for

appointment by direct recruitment in the Kerala Water Authority. The

petitioners applied both for appointment by direct recruitment and by

transfer. They were selected and included in list I of Ext.P1 ranked list

containing the names of candidates selected for appointment by direct

recruitment. They were also included list II of Ext.P1 ranked list

containing the names of candidates selected for appointment by transfer.

In list I, the petitioners are rank Nos.17 and 19 and in list II, rank, Nos.3

W.P(C) No.14911 of 2008-A 2

and 4 respectively. The petitioners did not relinquish their right for

advice based on the inclusion of their names in list I of Ext.P1 ranked list.

As a result thereof, when the turn of the petitioners arose, they were

advised for appointment by direct recruitment in the Kerala Water

Authority by Exts.P2 and P3 advice memos dated 7.4.2008. The said

action was legal and proper for the reason that even in the notification

inviting applications by direct recruitment, it had been stated that

vacancies reported by the Kerala Water Authority will also be filled up

from the same ranked list. This writ petition thereupon filed contending

that as the names of the petitioners have been included in list II of Ext.P1

ranked list they are entitled to be appointed by transfer in departments

other than the Kerala Water Authority and that if they are appointed in

Kerala Water Authority they will loose their chances of appointment in

other departments. In this writ petition, the petitioners pray for a writ in

the nature of mandamus commanding the respondents to advice them to

the post of L.D Typist in Government departments.

3. The Kerala Public Service Commission has filed a counter

affidavit wherein, relying on Rule 18(iii) of the Kerala Public Service

Commission Rules of Procedure, the Commission has contended that with

the advice of the petitioners based on the inclusion of their names in list I

of Ext.P1 ranked list, their names stand automatically deleted from list I

W.P(C) No.14911 of 2008-A 3

and list II of Ext.P1 ranked list. The Commission has contended that even

in the notification inviting applications it had been stated that

appointment by direct recruitment will be made from the same ranked

list to vacancies reported by the Kerala Water Authority also and that the

petitioners who had applied for appointment by direct recruitment cannot

contend that they cannot be advised for appointment in the Kerala Water

Authority.

4. I have considered the submissions made at the Bar by the

learned counsel appearing on either side. Ext.P4 notification, which led

to Ext.P1 ranked list states in categorical terms that vacancies reported

by the Kerala Water Authority will also be filled up from the same ranked

list. The petitioners applied for direct recruitment fully aware of this

stipulation. They were selected and included in list I of Ext.P2 ranked list.

Rule 18(iii) of the Kerala Public Service Commission Rules of Procedure

states that a candidate whose name has been included in more than one

ranked list for the same post in the same department/various

departments finalized on the basis of the very same notification under

different methods of recruitment, is advised from any one of the

aforesaid ranked lists, his name shall be removed from the other ranked

list/lists. In the light of the said rule, the validity of which is not under

challenge in this writ petition, with the advice of the petitioners for

W.P(C) No.14911 of 2008-A 4

appointment by direct recruitment in the Kerala Water Authority as per

Exts.P2 and P3 memos, their names stood deleted from Ext.P1 ranked

list. Therefore, it cannot be said that the Kerala Public Service

Commission acted illegally in advising the petitioners for appointment in

the Kerala Water Authority when their turn for advice arose. In the light

of Rule 18(iii) of the Kerala Public Service Commission Rules of Procedure,

the contention raised by the petitioners cannot be sustained.

I accordingly hold that there is no merit in this writ petition. The

writ petition fails and is dismissed. No costs.

Sd/-

P.N.RAVINDRAN
JUDGE

//True Copy//

PA to Judge

ab