IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WA.No. 1317 of 2009() AGAINST ORDER IN WPC.15808/2009 Dated 16/06/2009 APPELLANT(S): /RESPONDENTS IN WP 1. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA. BY ADV. SRI. ALEXANDER THOMAS RESPONDENT: /PETITIONER IN W.P SUJITH A.V., THUMPEPARAMBU HOUSE, SL PURAM P.O, ALAPPUZHA DISTRICT- 688 523 BY ADV. SRI. KRISHNAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2009, ALONG WITH W.A NO.1318 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NOS. 1317 & 1318 OF 2009 --------------------------------------------- Dated this the 24th day of June, 2009 JUDGMENT Balakrishnan Nair, J. These appeals are filed by the Kerala Public Service Commission and its District Officers of Pathanathitta Thiruvananthapuram, aggrieved by the common interim order passed by the learned Single Judge on 16.6.2009 in W.P.(C) Nos.14791 and 15808 of 2009. The writ petitioners were candidates who applied for appointment to the post of Police Constable in the Armed Police Battalion in Thiruvananthapuram and Pathanamthitta Districts. According to them, they have more than the requisite height prescribed, that is, 167cms. But, when measurements were made, it was found that their height was lesser than the minimum height prescribed for appointment to the post of Police Constable. Therefore, they were disqualified. Feeling aggrieved by the said action of the respondents in the Writ Petition, they approached this Court. The learned Single Judge, after hearing both sides, directed the District W.A. NOS. 1317 & 1318/2009 2 Medical Officer of Health, Thiruvananthapuram and Alappuzha to measure the height of the writ petitioners, to issue a certificate and file a statement before this Court. The learned Single adjourned the matters for further hearing on 1.7.2009. Feeling aggrieved by the said direction, these appeals are filed. 2. The learned Standing Counsel for the Public Service Commission, Sri. Alexander Thomas, relying on the decisions of the Division Bench of this Court in Kerala Public Service Commission v. Ashokan, 2003(2) K.L.T. 177 and W.A. No.770 of 2002 submitted that the court should not employ a different agency to measure the height and go by the said measurement instead of the measurement made by the Public Service Commission, if the said measurement is made following the prescribed procedure. Learned Standing Counsel also placed reliance on the decision of this Court in Kittumani v. P.S.C., 2008 (1) K.L.T. 104. 3. We note that the appeals are filed against an interim order. No final decision affecting the writ petitioners/respondents has been taken. Therefore, going by the decision of the Larger Bench of this Court in K.S. Das v. State of Kerala, 1992(2) K.L.T. 358, the appeals are not maintainable. If ultimately, the decision of the District Medical Officers W.A. NOS. 1317 & 1318/2009 3 go in favour of the writ petitioners and based on that the learned Single Judge renders a decision in their favour, the Public Service Commission can be said to be aggrieved. Then only, they can file an appeal against the decision of the learned Single Judge. In view of the above decision, the appeals filed against the impugned order are not maintainable. Accordingly, the Writ Appeals are dismissed without prejudice to the contentions of the appellants. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NOS. 1317 & 1318/2009 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A.NOS.1317 & 1318/2009 JUDGMENT 24th June, 2009 W.A. NOS. 1317 & 1318/2009 5