High Court Kerala High Court

Ajimon V.T vs Kerala Public Service Commission on 31 July, 2009

Kerala High Court
Ajimon V.T vs Kerala Public Service Commission on 31 July, 2009
       

  

  

 
 
  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.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                       W.P.(C) No. 11870 of 2009
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                   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.