IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 356 of 2008(P) ------------------------ PETITIONER: ------------ SAMUEL MORIES, S/O. M.J.JOHNY, AGED 41 YEARS, MUNDAPILLY HOUSE,URULANTHANNI P.O., PINAVOORKUDY, KUTTAMPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, K.P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, K.P.S.C., DISTRICT OFFICE, ERNAKULAM, KOCHI-11. BY SC SRI.ALEAXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 356 of 2008 -------------------------- Dated this the 3rd January, 2008 J U D G M E N T The petitioner belongs to a scheduled Tribe. The Public Service Commission invited applications for the post of Electricity worker (Mazdoor) in the Electricity Board. The petitioner had also applied to the said post. He appeared in the written test and was included in the short list. Thereafter, he was invited for physical test. Notification prescribes a minimum height of 157.48 cms equivalent to 5 feet 2 inches for a candidate. Petitioner's height was found to be 153 c.m. According to the petitioner, on re-measurement also, the height of the petitioner was found to be 154.5 cms. In other words, it is admitted that petitioner's height is not 157.48 cms, which is prescribed under the notification. 2. According to the petitioner, members of the scheduled tribe must be granted relaxation in height also. He refers to Exhibits P2 and P3 notifications issued by the PSC, for the posts of Police Constable and Sub Inspector of Police (General Executive). W.P ( C) No. 356 of 2008 2 3. Learned standing counsel for the PSC submits that even as per the Special Rules applicable to the said posts, mentioned in Exhibits P2 and P3, relaxation in height is contemplated in favour of the said posts. No such relaxation is contemplated for the post of Electricity Worker (Mazdoor). The prayer of the petitioner for a direction to the PSC to afford relaxation on the basis of Exhibits P2 and P3 cannot be accepted. Even otherwise, the petitioner's request for a direction to the PSC to incorporate a clause for relaxation in the notification or for a direction to the appointing authority to incorporate such a clause in the notification cannot be entertained at this stage - The selection itself is over. I do not find any merit in the writ petition and the same is therefore, dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 356 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 356 of 2008 2 25th May, 2007