IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37273 of 2009(D) -------------------------- PETITIONER(S): ------------------ C.J.RENJITH, RENJITH NIVAS, CHOOZHAMPALA, MUKKOLA PO, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.NISHA G.THARAMAL RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 2. COMMANDANT DIRECTORATE OF THE COMMANDANT KIP 3 BATTALLION, ADOOR. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 37273 OF 2009 (D) ===================== Dated this the 23rd day of December, 2009 J U D G M E N T The grievance of the petitioner is that he was a candidate for the post of Armor Police Constable, Battalion 3 KIP, Adoor. According to the petitioner, though he had appeared for written test, practical test and interview and had secured highest mark, he was not called for medical test. It is with this grievance, the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. It is stated that there was one vacancy in the ETB category against which 19 candidates, including the petitioner were called for selection process, which was held on 19/12/2009. It is stated that 15 candidates including the petitioner appeared for the written test, practical test and interview and that one Sri.Binu.S secured highest mark and the petitioner was second in the list. It is stated that since there was only one vacancy, Sri.Binu has been called for medical test and that only if that candidate does not turn up, can the petitioner be considered for appointment. WPC 37273/09 :2 : From the above, therefore, it is evident that there was only one vacancy and the petitioner is second in the rank list. If so, only if the first candidate does not report for medical test and duty, then only can the petitioner stake his claim for medical test and appointment. Therefore, at this stage, writ petition is premature and is closed. ANTONY DOMINIC, JUDGE Rp