IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 18098 of 2009(F) ------------------------------------- PETITIONER(S): ------------------------ HAREESH, AGED 21 YEARS, S/O HARI, HAREESH BHAVAN, CHEMBUPURAM.P.O., NEDUMUDI PANCHAYATH, KUTTANADU, ALAPPUZHA DIST. BY ADV. MR.C.K.SAJEEV RESPONDENT(S): ----------------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTAM, TRIVANDRUM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, (DISTRICT OFFICE, ALAPPUZHA.)ADDRESS CORRECTED*. *ADDRESS OF R2 CORRECTED AS ''DISTRICT OFFICE, ERNAKULAM'' AS PER ORDER DTD. 16.7.09 IN IA. NO.8636/2009. R1 & R2 BY MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18098/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SAID NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA THOZHIL VEEDHI DTD. 15.9.07. P2:- COPY OF THE INTIMATION FOR RE-MEASUREMENT. P3:- COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT SURGEON, MEDICAL COLLEGE HEALTH UNIT AMBALAPUZHA DTD. 18.6.09. P4:- COPY OF THE CERTIFICATE DTD. 17.6.09 ISSUED BY DR. R.N.K. SHANKAR. P5:- COPY OF THE CERTIFICATE ISSUED BY THE ASST. PROFESSOR NEURO SURGEORY DTD. 18.6.09. P6:- COPY OF THE CERTIFICATE ISSUED BY PHYSICAL EDUCATION TEACHER N.S.H.S.S. NEDUMUDY. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 18098 OF 2009 -------------------------- Dated this the 21st day of August, 2009 J U D G M E N T Heard Sri. C.K.Sajeev, 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 Ernakulam District. He was called to appear for the physical efficiency test held on 29.5.2009. He was disqualified on the ground that he did not have the minimum prescribed height of 167 cms. When the height of the petitioner was measured, it was recorded as 166.7 cms. The petitioner appealed against the said decision. On appeal, a remeasurement was conducted and his height was recorded as 166 cms. The decision disqualifying the petitioner was upheld. This writ petition was thereupon filed challenging the disqualification. 3. While admitting this writ petition on 16.7.2009, this Court, taking note of the disparity in the measurement originally conducted and on remeasurement in appeal, directed the Kerala Public Service Commission to have the height of the petitioner measured with the W.P.(C) No. 18098/09 2 assistance of the District Medical Officer of Health, Ernakulam or if he is not available with the assistance of the officer-in-charge. The Kerala Public Service Commission thereupon got the height of the petitioner measured with the assistance of the Deputy District Medical Officer on 3.8.2009. The Deputy District Medical Officer has after such measurement certified that the petitioner’s height is 166.2 cms. In my opinion, in view of the report submitted by the Deputy District Medical Officer, Ernakulam, it cannot be said that the petitioner was wrongfully disqualified by the Kerala Public Service Commission. The petitioner, who does not possess the minimum prescribed height for appointment to the post of Police Constable in the Armed Police Battalion, cannot therefore contend that he was wrongly disqualified. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 18098/09 3