IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 16637 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. DHANEESH B, AGED 25 YEARS, S/O.M.P.BALACHANDRAN MEKKONATH HOUSE, NEDUMBASSERY, ERNAKULAM 2. AJOSH S. S/O.G.SASHEENDRAN, KRISHNAVILAS, NEDUMBASSERY, ERNAKULAM BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.16637/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF NOTIFICATION DT 15.9.07. P2 COPY OF ADMISSION TICKET ISSUED TO THE 2ND PETITIONER. P3 COPY OF ADMISSION TICKET ISSUED TO THE 1ST PETITIONER DT. NIL. P4 COPY OF ADMISSION TICKET ISSUED TO THE 2ND PETITIONER DT NIL P5 COPY OF INTIMATION LETTER DT 27.5.09 RECEIVED BY 1ST PETITIONER FROM R2. P6 COPY OF INTIMATION LETTER DT 3.6.09 RECEIVED BY 2ND PETITIONER FROM R2. P7 COPY OF PHYSICAL FITNESS CERTIFICATE ISSUED TO THE 1ST PETITIONER. P8 COPY OF PHYSICAL FITNESS CERTIFICATE ISSUED TO THE 2ND PETITIONER. P9 COPY OF RELEVANT PORTION OF THE NEWS ITEM DT 27.4.09. RESPONDENTS' EXHIBITS: R1(A) COPY OF THE MEASUREMENT SHEET RECORDING THE HEIGHT MEASUREMENT TAKEN ON 16.7.09. R1(B) COPY OF CERTIFICATE ISSUED BY THE OFFICE OF DMO OF HEALTH, ERNAKULAM. // True Copy // P.A. to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 16637 OF 2009 -------------------------- Dated this the 13th day of August, 2009 J U D G M E N T Heard Smt. Vaheeda Babu, the learned counsel appearing for the petitioners and Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The petitioners were applicants for appointment to the post of Police Constable in the Armed Police Battalion in Ernakulam District. The first petitioner was called to appear for the physical efficiency test held on 27.5.2009 and the second petitioner on 21.5.2009. As per the rules, an applicant for appointment to the post of Police Constable in the Armed Police Battalion should have a minimum height of 167 cms. When the physical measurements of the petitioners were taken, it was found that the first petitioner’s height was 167.2 cms. His chest measurements were 89 cms (normal) and 93 cms. (expanded). Since he did not have the prescribed chest measurements, he was disqualified. He appealed against the said decision and a re-measurement was conducted on 3.6.2009. On remeasurement, it was found that the petitioner had W.P.(C) No. 16637/09 2 the minimum chest measurement but did not have the minimum prescribed height as his height was only 165 cms. The decision disqualifying him was upheld. As regards the second petitioner, his height was recorded as 165 cms in the initial measurement held on 21.5.2009. He had the minimum prescribed chest measurement. He was disqualified on the ground that he did not have the minimum prescribed height. He also appealed against the said decision. On remeasurement the disqualification was upheld on the ground that he did not have the minimum prescribed height. This writ petition was thereupon filed challenging their disqualification. 3. When this writ petition came up on 1.7.2009, this Court directed the Kerala Public Service Commission to have the height of the petitioners remeasured with the assistance of the District Medical Officer of Health, Ernakulam. As directed by this Court, a remeasurement of the petitioners' height was conducted. It is reported that the first petitioner's height is only 165.2 cms and the second petitioner's height is only 166.1cms. As directed by this Court on 20.7.2009, the second respondent has produced the certificate of measurement issued by the District Medical Officer of Health and counter signed by an officer of the Kerala Public Service W.P.(C) No. 16637/09 3 Commission. From the materials available to this Court, it is evident that the petitioners do not have the minimum prescribed height of 167 cms. The petitioners do not dispute the correctness of the measurement of their height by the District Medical Officer of Health. Such being the situation, I find no merit in their contention that they have the minimum prescribed height. The decision taken by the Kerala Public Service Commission to disqualify the petitioners cannot therefore said to be illegal. In the result, the writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE vps