IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11870 of 2009(C)
1. AJIMON V.T.,
... Petitioner
2. SIJU MON V.J.,
3. MANOJ N.,
4. SURESH C.P.,
5. SUBRAMANIAN O.,
6. GANESAN C.K.,
7. JIJU K.J.,
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE SECRETARY,
3. THE CHAIRMAN,
4. THE DISTRICT OFFICER,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :31/07/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 11870 of 2009
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Dated this the 31st day of July, 2009
JUDGMENT
Heard Sri. Thaliyal R. Gopakumar, the learned counsel appearing
for the petitioners and Sri.Alexander Thomas, the learned standing
counsel appearing for the respondents.
2. The petitioners are candidates who applied for appointment to
the post of Excise Guard in the Excise Department. They were called to
appear for the physical efficiency test held on 10.03.2009. Though the
petitioners participated in all the eight items, they could clear only four
item. All of them failed to clear 1500 meters race within the stipulated
time. They were therefore disqualified. This writ petition was thereupon
filed contending that the 1500 meters race was held towards sunset and
that as they had been waiting in the venue where the test was conducted
without taking any food, they were too tired and exhausted and that as a
result thereof, they could not perform to their best. In this writ petition
the petitioners seek a writ in the nature of mandamus commanding the
respondents to give them one more opportunity to run the 1500 meters
race.
3. The respondent have filed a counter affidavit pointing out that
the petitioners did not clear 1500 meters race within the stipulated time
W.P.(C) No. 11870/09 2
of 5 minutes and 44 seconds and, therefore, they were disqualified. It is
also stated that as per the guidelines governing the holding of the
physical efficiency test, no applicant can be permitted to take a retest. It
is also stated that the physical efficiency test held on 10.03.2009 was
over by 5.30 p.m.
4. The petitioners have not been able to show with reference to
any material that the commission has a duty to permit candidates who
failed to qualify on a particular day to take the test on another day. They
have also not been able to point out any stipulation in the guidelines
governing the holding of the physical efficiency test which entitles them
to take a retest. In the absence of any such stipulation in the guidelines
governing the physical efficiency test, I am of the opinion that the stand
taken by the Kerala Public Service Commission cannot be said to be
illegal or arbitrary. The petitioners who did not clear the physical
efficiency test cannot be heard to content that they should be permitted
to take the test or a part thereof on another date.
I therefore hold that there is no merit in this writ petition. The
writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN,
JUDGE.
mn.