IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 14791 of 2009(T) ------------------------------------- PETITIONER(S): ------------------------ ANOOP R, USHAS, ARUKIL, KUTTICHAL P.O.,THIRUVANANTHAPURAM. BY ADVS.MR.DINESH R.SHENOY MR.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENT(S): ------------------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, REP. BY THE SECRETARY KERALA STATE PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER KERALA STATE PUBLIC SERVICE COMMISSION DISTRICT OFFICE, THIRUVANANTHAPURAM. BY MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14791/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PSC NOTIFICATION DTD. 15.9.07 PUBLISHED IN THE MALAYALA MANORAMA THOZHIL VEEDHI DTD. 29.9.07. P2:- COPY OF THE ADMISSION TICKET ISSUED TO THE PETITIONER FOR WRITTEN EXAMINATION NO. TSS 114839. P3:- COPY OF THE ADMISSION TICKET FOR PHYSICAL TEST. P4:- COPY OF THE PHYSICAL FITNESS CERTIFICATE ISSUED TO THE PETITIONER BY DR. PRADEEP KUMAR J., ASSISTANT SURGEON. P5:- COPY OF THE PHYSICAL FITNESS CERTIFICATE ISSUED TO THE PETITIONER BY DR.B.JAYAKUMAR, COMMUNITY HEALTH CENTRE, VELLANADU. P6:- COPY OF THE PHYSICAL FITNESS CERTIFICATE ISSUED TO THE PETITIONER BY K.C.PADMAKUMAR, PHYSICAL EDUCATION TEACHER, GOVERNMENT, V.H.S.S. PARUTHIPPALLY. P7:- COPY OF THE PHYSICAL FITENSS CERTIFICATE DTD. 25.5.09 ISSUED TO THE PETITIONER BY DEVARAJAN,V.N., PHYSICAL EDUCATION TEACHER, G.V.H.S.S., KOTTUKKAL. P7(a):- COPY OF THE NEWSPAPER REPORT IN THE MALAYALA MANORAMA DAILY DTD. 1.6.09. P7(b):- COPY OF THE NEWSPAPER REPORT IN THE MALAYALA MANORAMA DAILY DTD. 6.6.09. P7(c):- COPY OF THE NEWSPAPER REPORT IN THE THOZHIL VEEDI DTD. 6.6.09. P7(d):- COPY OF THE REPORT APPEARD IN MALAYALA MANORAMA DAILY DTD. 7.6.09. P8:- COPY OF THE INTIMATION DTD. 24.4.09 ISSUED BY THE KPSC. R1(a):- COPY OF THE DIVISION BENCH JUDGMENT IN WA. 4085/01. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14791of 2009-T ------------------------------ Dated this the 1st day of July, 2009. J U D G M E N T Heard Sri.Dinesh R.Shenoy, 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 Thiruvananthapuram District. As per the rules governing selection and appointment of Police Constables in the Armed Police Battalion, candidates should have a minimum height of 167 Cms. The petitioner applied for appointment to that post. After the written test, he was shortlisted and called to appear for the physical efficiency test held on 24.4.2009. During the physical efficiency test, when the height of the petitioner was measured, it was found to be only 166 cms. He was therefore disqualified on the ground that he does not have the required height. He appealed against the said decision. On re-measurement also, there was no change in the height. This writ petition was thereupon filed disputing the measurement of height made by the Commission. 3. When this writ petition came up for admission on 16.6.2009, this Court passed an interim order directing the Kerala Public Service W.P(C) No.14791of 2009-T 2 Commission to have the height of the petitioner re-measured with the assistance of the District Medical Officer of Health, Thiruvananthapuram. On re-measurement, it was found that the petitioner's height is only 166.60 Cms. The original of the certificate issued by the District Medical Officer of Health, Thiruvananthapuram was also made available to me for perusal. As held by this Court in Kittumani Vs. P.S.C (2008(1) KLT 104) when the minimum height prescribed is 167 cms, this Court cannot even though the petitioner's height is 166.60 Cms. round it off and treat it as 167 Cms. In my opinion, the petitioner was rightly disqualified by the Kerala Public Service Commission on the ground that he does not have required height. I accordingly hold that there is no merit in this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN JUDGE ab