High Court Kerala High Court

Yassar Hussain.S. vs The Secretary on 7 August, 2009

Kerala High Court
Yassar Hussain.S. vs The Secretary on 7 August, 2009
       

  

  

 
 
  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.
                   -----------------------------
                     W.P(C) No.13997 of 2009 -T
                  ------------------------------
              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