IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13997 of 2009(T)
1. YASSAR HUSSAIN.S., PANICKATHU,
... Petitioner
Vs
1. THE SECRETARY, THE KERALA PUBLIC
... Respondent
2. THE DISTRICT OFFICER,
For Petitioner :SRI.B.KRISHNA MANI
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :07/08/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.13997 of 2009 -T
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Dated this the 7th day of August, 2009.
J U D G M E N T
Heard Sri.B.Krishna Mani, the learned counsel appearing for the
petitioner 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 Pathanamthitta
District. He was called to appear for the physical efficiency test held on
14.5.2009. As per the norms governing the selection, only those
candidates who pass five out of eight items are declared to have passed
the physical efficiency test. The petitioner participated in all the eight
items. He had successfully cleared four out of eight items, namely 100
mtrs race, High Jump, Long Jump and Throwing the Cricket Ball. The
petitioner admittedly failed in Rope Climbing, Pull up or Chinning, Putting
the Shot and 1500 mtrs race. The petitioner’s case is that he had cleared
the minimum distance prescribed in putting the shot and that he had also
cleared 1500 mtrs. race. He submits that pursuant to that he was
declared to have passed the physical efficiency test and called upon to
produce the certificates for verification. His grievance is that thereafter it
was declared that he did not clear shot put and 1500 mtrs. race. The
W.P(C) No.13997 of 2009 -T 2
respondents have filed a counter affidavit and additional affidavit
pointing out that the petitioner did not clear the minimum distance
prescribed for shot put and run 1500 mtrs within the stipulated time.
The petitioner cleared only four out of the eight items, it is submitted.
3. Pursuant to the directions of this Court, the result sheet of
the physical efficiency test held on 14.5.2009 was made available to me
for perusal. From the result sheet it is evident that the petitioner cleared
only four out of eight items namely 100 mtrs race, High Jump, Long Jump
and throwing the Cricket Ball and he failed in rest of the items. It was
therefore declared that he is not qualified to be appointed as Police
Constable. All the members of the Board which conducted the physical
efficiency test have subscribed their signature to the result sheet. On
going through the result sheet I do not find any irregularity in the entries
therein or any overwriting in so far it relates to the petitioner. In the light
of the stand taken by the respondents and the entries in the result sheet,
it cannot be said that the respondents have deliberately disqualified the
petitioner. I therefore find no merit in the writ petition. The writ
petition fails and is accordingly dismissed.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
ab PA to Judge