IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 36083 of 2007(U) ------------------------------------------ PETITIONER(S): ------------------------- V.SAJIKUMAR, S/O.P.K.VELAYUDHAN, AGED 40 YEARS, DRIVER (FORMERLY) KSRTC, KOTTARAKKARA AND RESIDING AT CHARUVILA PUTHEN VEEDU, POOVATHOOR EAST, KOTTARAKKARA (VIA), KULAKKADA P.O., KOLLAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 3. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REP. BY MANAGING DIRECTOR. R1 BY GOVERNMENT PLEADER SRI. V. MANU R2 BY ADV. SRI. ALEXNDER THOMAS, SC, KPSC R3 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36083/2007 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PAGE NO.1 OF THE S.S.L.C.BOOK. P2: COPY OF PAGE NO.9 OF THE S.S.L.C.BOOK. P3: COPY OF DRIVING LICENSE NO.QN.1144/87 ON 1/08/1987. P4: COPY OF PAGE NO.14,15,16,17 AND 18 OF THE LICENCE BOOK. P5: COPY OF THE PAPER BADGE NO.QN 709/88 ISSUED W.E.F. 17/09/1988. P6: COPY OF CASH RECEIPT ACCEPTING RS.3,000/- AS DEPOSIT FOR EMPANEL DRIVER BY CHELAN NO.65302 DTD. 30/05/1994 ISSUED BY THE DISTRICT TRANSPORT OFFICER, KSRTC, KOTTARAKKARA. P7: COPY OF MEMO NO.E2-5813/96/KTRA DTD. 25/05/1998. P8: COPY OF PAY BILL FOR 1/2000 AND 6/2000. P9: COPY OF NOTIFICATION CATEGORY NO.276/04 APPEARED IN THE KERALA GAZETTE. P10: COPY OF HALL TICKET NO.27250 ISSUED BY 2ND RESPONDENT COMMISSION. P11: COPY OF THE RANK LIST PUBLISHED ON 14/06/2007. P12: COPY OF NEWS ITEM DTD. 4/07/2007 APPEARED IN JANAYUGAM MALAYALAM NEWS PAPER, KOLLAM EDITION. P13: COPY OF NEWS PAPER ITEM APPEARED IN MALAYALA MANORAMA NEWS PAPER DAILY DTD. 4/09/2007, KOLLAM EDITION. P14: COPY OF REPRESENTATION DTD. 27/09/2007 BEFORE THE 2ND RESPONDENT. P15: COPY OF LETTER NO.IDSI (3) 41289/GV DTD. 10/10/2007 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. P16: COPY OF CERTIFICATE NO.1579/06 DTD. 25/07/2006 ISSUED BY THE VILLAGE OFFICER, KALAYAPURAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36083 of 2007-U = = = = = = = = = = = = = = = = = = = = = = = = 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