IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16637 of 2009(Y)
1. DHANEESH B.
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION
... Respondent
For Petitioner :SRI.BABU KARUKAPADATH
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :13/08/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 16637 OF 2009
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Dated this the 13th day of August, 2009
J U D G M E N T
Heard Smt. Vaheeda Babu, the learned counsel appearing for
the petitioners and Sri.Alexander Thomas, the learned standing
counsel appearing for the Kerala Public Service Commission.
2. The petitioners were applicants for appointment to the post
of Police Constable in the Armed Police Battalion in Ernakulam
District. The first petitioner was called to appear for the physical
efficiency test held on 27.5.2009 and the second petitioner on
21.5.2009. As per the rules, an applicant for appointment to the
post of Police Constable in the Armed Police Battalion should have
a minimum height of 167 cms. When the physical measurements of
the petitioners were taken, it was found that the first petitioner’s
height was 167.2 cms. His chest measurements were 89 cms
(normal) and 93 cms. (expanded). Since he did not have the
prescribed chest measurements, he was disqualified. He appealed
against the said decision and a re-measurement was conducted on
3.6.2009. On remeasurement, it was found that the petitioner had
W.P.(C) No. 16637/09 2
the minimum chest measurement but did not have the minimum
prescribed height as his height was only 165 cms. The decision
disqualifying him was upheld. As regards the second petitioner, his
height was recorded as 165 cms in the initial measurement held on
21.5.2009. He had the minimum prescribed chest measurement. He
was disqualified on the ground that he did not have the minimum
prescribed height. He also appealed against the said decision. On
remeasurement the disqualification was upheld on the ground that he
did not have the minimum prescribed height. This writ petition was
thereupon filed challenging their disqualification.
3. When this writ petition came up on 1.7.2009, this Court
directed the Kerala Public Service Commission to have the height of
the petitioners remeasured with the assistance of the District Medical
Officer of Health, Ernakulam. As directed by this Court, a
remeasurement of the petitioners’ height was conducted. It is
reported that the first petitioner’s height is only 165.2 cms and the
second petitioner’s height is only 166.1cms. As directed by this
Court on 20.7.2009, the second respondent has produced the
certificate of measurement issued by the District Medical Officer of
Health and counter signed by an officer of the Kerala Public Service
W.P.(C) No. 16637/09 3
Commission. From the materials available to this Court, it is evident
that the petitioners do not have the minimum prescribed height of
167 cms. The petitioners do not dispute the correctness of the
measurement of their height by the District Medical Officer of Health.
Such being the situation, I find no merit in their contention that they
have the minimum prescribed height. The decision taken by the
Kerala Public Service Commission to disqualify the petitioners cannot
therefore said to be illegal.
In the result, the writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN, JUDGE
vps