IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 18088 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. AJAY KUMAR K., M.M.BAZAR P.O., THALIPARAMBA, KANNUR DISTRICT. 2. UMMESH C., THATTAN VALLAPPIL VEEDU, MATHODAM, KANNADIPARAMBA P.O., KANNUR DISTRICT. 3. RAVINDRAN P.P., KUNNATH HOUSE, PODUVACHERY P.O., KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KANNUR. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM PALACE P.O., THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C).18088/2010 ....................... Dated this the 10th day of June, 2010 JUDGMENT Petitioners were candidates in the test conducted by the Public Service Commission for the post of Driver Grade-II (LDV). The test included the driving test and the petitioners had to take the 'H' test. Petitioners failed in the driving test and according to them, the reason for failure is that the vehicles provided by the PSC, were unfit to take 'H' test due to its poor mechanical condition and that different vehicles were provided to different candidates. 2. The ability of the candidates to drive the vehicle was assessed by conducting the driving test and 'H' test was also for the purpose of assessing the skill and ability of the driver. If a driver has the ability to drive the vehicle, irrespective of the difference of the vehicle, he will be able to drive the vehicle without fail. Therefore, difference in the vehicles used for the test, in my view, is of no consequence and that could not have attributed to the failure of the petitioners. That apart, numerous candidates have appeared for the driving test. In such a test, it is impractical to insist that the W.P.(C).18088/10 2 PSC should provide the same vehicle to all the candidates who appeared for the test. 3. In such circumstances, I see no merit in the objection raised by the petitioners. Writ petition fails and it is accordingly dismissed. ANTONY DOMINIC, Judge mrcs