IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24525 of 2010(M) -------------------------- PETITIONER(S): ------------------------ DHAN K.G.R., S/O.G.RAJAN, AGED 28 YEARS, 'SASIVADHANA', HOUSE NO. MG-19, MYTHRI GARDENS, KAZHCHAPARAMBA, KANNADI, PALAKKAD-678 701. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. DEPUTY INSPECTOR GENERAL (PERSONNEL) B.S.F., GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, DIRECTORATE GENERAL BORDER SECURITY FORCE, BLOCK NO.10 C.G.O., COMPLEX, LODHI ROAD, NEW DELHI 2. THE COMMANDANT, STC BSF BANGALORE, YELAHANKA, BANGALORE, KARNATAKA-560 064. SRI.T.P.M.IBRAHIMKHAN, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24525 OF 2010 (M) ===================== Dated this the 5th day of August, 2010 J U D G M E N T Petitioner applied to the post of Assistant Commandant under the respondents. He appeared for the written test and was called for the physical standard/physical efficiency test and the test was held at Bangalore on 23/6/2010. On the petitioner's own showing, while participating in the 100 m race, petitioner fell down accidentally, as a result of which, he could not complete the race within the permitted time. He filed an appeal and that was rejected. In this writ petition, what is sought for is that, the petitioner should be allowed to take another test, and on that basis, his candidature should be considered. 2. Admittedly, petitioner did not complete the 100 m race within the permitted time. His appeal was on the ground that he fell down as the candidate who was running next to him had crossed the track and hit him. This factual contention of the petitioner did not appeal to the appellate authority and it was therefore that the appeal was rejected. 3. In my view, this is a factual issue, and if the appellate WPC No. 24525/10 :2 : authority was not impressed by the justification offered for availing of another test, this Court will not be justified in interfering with the same. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp