IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 14555 of 2009(L) ------------------------------------- PETITIONER(S): --------------------- DIFIN N.L., S/O.LALU, AGED 25 YEARS, NANDIATH HOUSE, NAYARAMBALAM P.O., ERNAKULAM. BY ADV. MR.A.X.VARGHESE MR.A.V.JOJO RESPONDENT(S): ------------------------ 1. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM. R1 & R2 B Y ADV. MR.ALEXANDER THOMAS,SC,KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14555 of 2009-L ------------------------------ Dated this the 3rd day of August, 2009. J U D G M E N T Heard Sri.A.X.Varghese, the learned counsel appearing for the petitioner and Sri.Alexander Thomas, the learned standing counsel appearing for the respondents. 2. The petitioner was an applicant for appointment to the post of Police Constable in the Armed Police Battalion in Ernakulam District. After the written test, he was called to appear for the physical efficiency test held on 21.5.2009 at Maharaja’s College Ground, Ernakulam. Since the petitioner satisfied the minimum physical measurements, he was called to undergo the physical efficiency test consisting of eight items namely 100 mts. race, High Jump, Long Jump, Shot Put, Throwing the Cricket Ball, Rope Climbing, Pull Up or Chinning and 1500 mts. race. As per the norms prescribed by the Kerala Public Service Commission, the petitioner had to clear any 5 out of the said 8 items. According to the petitioner he had cleared 100 mts, High Jump, Long Jump and Putting the Shot and though he had also successfully completed Chinning eight times in the first chance itself, the officer representing the Commission declared that he had failed to clear the said item without giving him, two more chances to clear the said item. 3. Pursuant to the directions issued by this Court, the Kerala W.P(C) No.14555 of 2009-L 2 Public Service Commission has filed a counter affidavit and has also produced the result sheet of the physical efficiency test in respect of 10 candidates including the petitioner. The result sheet discloses that contrary to the petitioner’s claims he had failed in High Jump. He had cleared only 100 mts race, Long Jump, Putting the Shot and Throwing the Cricket Ball. He failed in 100 mts race and Rope Climbing. It is also seen that the petitioner failed to clear Pull up though he was given then chances. In the light of the result sheet produced before me, I find no merit in the petitioner's contention that he was not offered three chances in respect of the event, Pull up. Further, according to the petitioner he had passed High Jump. In the result sheet, it is disclosed that he had failed to clean the minimum prescribed height in that event. The petitioner cleared only 4 out of the 8 items. In the light of the counter affidavit filed by the Kerala Public Service Commission, which was verified with reference to the original of the result sheet, I am satisfied that the petitioner has not made out any ground warranting interference under Article 226 of the Constitution of India. In the result, the writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab