IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5901 of 2008(C) ----------------------------------- PETITIONER: ------------------ RAJAKUMARAN.C. KATTIL HOUSE, ANAPPARA, KOTTEKKAD P.O., PALAKKAD 678 732. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENTS: ---------------------- 1. KERALA PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM PALACE P.O. THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, PALAKKAD. BY ADV. SRI. ALEXANDER THOMAS- SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.5901 of 2008 -------------------------- Dated this the 20th February, 2008 J U D G M E N T Petitioner had participated in the selection to the post of Electricity Worker (Mazdoor) in the Electricity Board. After the written test, he was called for a physical fitness test which was conducted on 17.12.2007. Apparently, the petitioner had appeared on 17.12.2007. But on account of the fact that he had undergone a surgery for Hernia on 5.12.2007 he was unable to participate in the cycling test on 17.12.2007. Petitioner brought his difficulties to the notice of the District Officer and a representation was submitted on the said aspect. He also produced before the Commission Exhibit P3 medical certificate. He then moved Exhibit P4 before the Chairman. 2. I heard the learned counsel for the petitioner and the learned standing counsel for the Public Service Commission. 3. In my view, it is upto the Commission to take a decision on the petitioner’s request, as a matter which falls within the discretion of the Commission. In the facts and W.P ( C) No.5901 of 2008 2 circumstances of the case, there would be nothing irregular if the Commission decides to stretch a point and conducts a cycling test for the petitioner. I make it clear that I do not express any opinion on the merits of the request made by the petitioner. In the result, the writ petition is disposed of directing the 1st respondent to look into the petitioner’s request as contained in Exhibit P4 (treating it as a request addressed to him) and take a decision thereon before the publication of the final rank list, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Petitioner shall produce a certified copy of this judgment along with a copy of the writ petition immediately before the Secretary of the Public Service Commission, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No.5901 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No.5901 of 2008 2 25th May, 2007