IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WA.No. 882 of 2010() -------------------- AGAINST THE JUDGEMENT IN R.P. NO.1225/2009 IN WPC.11870/2009 .................... APPELLANT/REVIEW PETITIONER/1ST PETITIONER IN W.P.: -------------- AJIMON.T.V, VELLACKADAYIL HOUSE, KOLERI P.O., VIA KENICHIRA, WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENTS/RESPONDENTS 1 TO 4&PETITIONERS 2 TO 7 IN W.P.: --------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 5. SIJU MON.V.J, VELLIKATIL HOUSE, MEPPADI P.O., WAYANAD DISTRICT. 6. MANOJ.N, KOTTAKUNNU PUTHIYA VEEDU, P.O.MEENANGADI, WAYANAD DISTRICT. 7. SURESH.C.P., CHARANCHIRAYIL HOUSE, MANALVAYAL P.O., PULPALLY, WAYANAD DISTRICT. 8. SUBRAMANIAN.O., OORAKKATTIL HOUSE, THAZHE ARAPPATTA, MEPPADI POST, WAYANAD DISTRICT. 9. GANESAN.C.K., ASRAMAM, MUNDERY, KALPETTA, WAYANAD DISTRICT. 10. JIJU.K.J., KATTATH HOUSE, SASIMALA P.O., PULPALLY, WAYANAD DISTRICT. R1 TO R4 BY ADV. SRI.ALEXANDER THOMAS, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.882 of 2010 .................................................................... Dated this the 11th day of June, 2010. JUDGMENT Ramachandran Nair, J. Writ Appeal is filed against judgment of the learned Single Judge rejecting appellant's claim for direction to PSC for conducting a re-test. Appellant along with others participated in physical test for selection as Excise Guard. Out of the 8 items he succeeded only in four items. It is the finding of the learned Single Judge that in the 1500 metre race appellant could not cover the distance within the time fixed. The claim of the appellant is that the timing was not suitable for him in as much as he did not have sufficient food in the day to take the test. The learned Single Judge rejected the contention and hence this Writ Appeal. 2. The same arguments were repeated before us. We are not inclined to accept the claim of the appellant because the test was conducted at a time very suitable i.e. 5.30 in the evening. A young man seeking employment where physical strength has relevance, 2 should be able to successfully complete the test even if he did not have a meal. We, therefore, do not find any merit in the contention of the appellant. Writ Appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms