IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 16925 of 2009(I) ------------------------------------- PETITIONER: ------------------- RIJESH.V., S/O.C.P.NARAYANAN, KOONERI PARAMBATH HOUSE, VENDUTTAYI, P.O.PINARAYI, KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE COMMANDANT, KAP IV BATTALION, MANGATTUPARAMBA, KANNUR. 4. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD. R1 TO R3 BY SR. GOVT. PLEADER MR. P. NANDAKUMAR, R4 & R5 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16925/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE HALL TICKET ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE MEMO DTD. 05/05/2009. EXT.P.3: COPY OF THE COMPLAINT DTD. 25/05/2009 FILED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE PSC. EXT.P.4: COPY OF THE CERTIFICATE DTD. 27/05/2009 ISSUED BY THE ASSISTANT SURGEON, GENERAL HOSPITAL, THALASSERRY. EXT.P.5: COPY OF THE CERTIFICATE DTD. 04/06/2009 ISSUED BY KANNUR MEDICAL COLLEGE HOSPITAL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.16925 of 2009-I ------------------------------ Dated this the 14th day of August, 2009. Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for respondents 1 to 3 and Sri.Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The petitioner was an applicant for appointment to the post of Police Constable in the Armed Police Battalion in Kasargod District. When the petitioner appeared for the physical efficiency test held on 5.5.2009, his height was recorded as 166.5 cms. He was accordingly disqualified. He appealed against the decision and on re-measurement his height was recorded as 166.8 cms. Since he did not have the minimum prescribed height, the decision disqualifying him was upheld. This writ petition was thereupon filed challenging his disqualification. The petitioner contends relying on Ext.P4 and P5 certificates that his height is 167 cms. 3. When this writ petition came up for admission on 1.7.2009, in view of the difference in the height originally recorded and on appeal this Court directed the Kerala Public Service Commission to have the height of the petitioner remeasured with the assistance of the District Medical Officer, Kasargod. As directed by this Court, the District Medical Officer, Kasargod remeasured the height of the petitioner and has W.P(C) No.16925 of 2009-I 2 certified (Ext.R4(b) that the petitioner's height is 166.7. cms. The petitioner does not question the correctness on the said measurement. He however relies on Exts.P4 and P5 produced along with the writ petition to contend that he has the minimum prescribed height. Apart from Exts.P4 and P5 which are certificates issued by the Assistant Surgeon, General Hospital, Thalassery and an Assistant Professor of the Department of Medicine, Kannur Medical College, the petitioner has not produced any material to show that his height was not correctly measured in the physical test held by the Kerala Public Service Commission. In the two measurements conducted by the Kerala Public Service Commission and the third measurement conducted at the intervention of this Court, the petitioner's height was found to be below 167 cms. In the absence of any cogent material to show that the measurement conducted by the District Medical Officer is incorrect, no reliance can be placed on Exts.P4 and P5. In such circumstances, I find no reason to interfere with the decision taken by the Kerala Public Service Commission to disqualify the petitioner. I accordingly hold hat there is no merit in this writ petition. The writ petition fails and is dismissed. Sd/- P.N.RAVINDRAN Judge ab