IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 21873 of 2009(D) -------------------------- PETITIONER(S): --------------- PRADEEP.M.S., MURALEEDHARA VILASAM, KOOVODE, VELIYAMCODE P.O., PIN-695 512. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. 3. NALINAKSHAN, SUPERINTENDENT OF POLICE, CBCID, KOZHIKODE. (Deleted from the party array as per order dated 17.8.09) ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21873/2009 -------------------- Dated this the 23rd day of September, 2009 JUDGMENT Petitioner responded to a notification issued by the PSC for selection to the post of Police Constable in Malappuram District. Selection consists of physical measurement and physical efficiency test. The minimum height required for general candidates is 167 cms. On measurement of the height, petitioner was found to be having a height of 166.8 cms against a minimum requirement of 167 cms. Petitioner questioned the measurement in an appeal. On re-measurement, his height was measured as 166 cms. Petitioner has approached this Court seeking a direction to respondents 1 and 2 to give him another opportunity for re-measuring his height. His contention was rested on the fact that the 3rd respondent who had heard the appeal had taken an unreasonable stand and prevented a correct measurement of the petitioner's height. 2. A counter affidavit has been filed by the PSC. It was W.P.(C).21873/2009 2 inter alia affirmed that the petitioner cannot seek a further verification. 3rd respondent was not present in the Appeal Committee. Reference was made to the judgment of this Court in Kittumani v. Kerala Public Service Commission (2008 (1) KLT 104) and Kerala Public Service Commission v. Asokan (2003 (2) KLT 177). By an interim order, this Court had directed the petitioner's height to be measured again by the District Officer, KPSC, Malappuram, through the District Medical Officer of Health, Manjeri, and the results were to be placed before this Court. 3. Accordingly, petitioner's height was again measured on 7.9.2009 by the District Medical Officer and it has been found to be 166 cms. 4. In these circumstances, I find no warrant to take exception to the measurement either initially done or the verification done by the Appellate Committee. In fact, the re-measurement was found to be 166 cms and that is now affirmed by the verification done by the District Medical W.P.(C).21873/2009 3 Officer. I find no merit in this writ petition and accordingly the same is dismissed. 5. It is made clear that the procedure adopted by the PSC in the instant case pursuant to the interim order passed by this Court would be confined only to the facts and circumstances of the present case and need not be treated as a precedent by itself. V.GIRI, Judge mrcs