IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36083 of 2007(U)
1. V.SAJIKUMAR, S/O.P.K.VELAYUDHAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE KERALA PUBLIC SERVICE COMMISSION,
3. THE KERALA STATE ROAD TRANSPORT
For Petitioner :SRI.N.UNNIKRISHNAN
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :24/05/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P.(C).No.36083 of 2007-U
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Dated this the 24th day of May, 2010.
Judgment
The petitioner challenges his exclusion from the
ranked list to the post of Reserve Driver. The
contention of the Public Service Commission, in
opposition, is that the height of the petitioner
was measured during physical measurement held on
23.4.2007 and his height was 154 cms. The
prescribed height of the candidate as per the
notification for the post of Reserve Driver in
KSRTC is 158 cms. and there is no relaxation of
this even for SC/ST candidates. Petitioner was
accordingly declared unfit as he did not have the
prescribed height. This fact was made known to
him and he had signed the measurement sheet. He
had not applied for any re-measurement and
therefore, re-measurement was not conducted for
him. The PSC, therefore, states that the
petitioner was rightly excluded from the ranked
WPC36083/07 -: 2 :-
list. To the aforesaid stand taken by the PSC in
its additional affidavit dated 23.2.2010, the
petitioner has no further pleadings to the
contrary.
Under the aforesaid circumstances, on facts, it
cannot but be concluded that the finding of the
PSC regarding the height of the petitioner is
correct. The law laid down in Kittumani v.
P.S.C., 2008 (1) KLT 104 states that there cannot
be any dilution in such matters. Therefore, the
writ petition fails. The same is accordingly
dismissed. No costs.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/0206