IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WA.No. 42 of 2006() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26796/2005 Dated 26/10/2005 .................... APPELLANT/PETITIONER: -------------- RAMESH.S. C/O.SIVASANKARA PILLAI, MANJERI HOUSE, EXCEL NAGAR 39, THEVALLY P.O. KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS/RESPONDENTS: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL SRI.ALEXANDER THOMAS,SC,KPSC SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ------------------------------ W.A. No. 42 OF 2006 ------------------------------- Dated this the 7th day of April, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioner is the appellant. He was a candidate for selection to the post of Assistant Engineer in the Kerala State Electricity Board, when applications were invited for the same by the Public Service Commission. The P.S.C. conducted a written test. He participated in it. But, when the short list was published, he was not included in it. Challenging his non- inclusion in the short list and seeking consequential reliefs, the writ petition was filed. The learned Single Judge dismissed the writ petition on the ground that a physically challenged person is ineligible to be appointed to an executive post in the K.S.E.B. Challenging that decision, this Writ Appeal is filed. 2. In the appeal, the P.S.C. has filed a counter affidavit stating that the petitioner was called for written test treating him as a general candidate. He secured only 39 marks in the W. A. No.42/2006 2 written test. Candidates, who scored 50 marks and above alone were included in the short list. In view of the above position, the petitioner's non-inclusion in the short list is fully justified. Though for a different reason, we affirm the dismissal of the Writ Petition. The Writ Appeal is accordingly dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps