IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 4080 of 2011(H) ------------------------- PETITIONER(S): --------------- GIRISH KUMAR.J., SAJU SADANAM, MANNOTTUKONAM, PAYATTUVILA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. KERALA PUBLIC SERVICE COMMISSION, PATTOM THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA. 3. THE COMMANDANT, OFFICE OF THE COMMANDANT, KAP-3, BATTALION, ADOOR. GOVT. PLEADER SHRI.SANDESH RAJA ADV.ALEXANDER THOMAS, SC FOR PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 4080 of 2011 ================== Dated this the 9th day of February, 2011 J U D G M E N T The petitioner was advised by the Public Service Commission for appointment as a Police Constable in the K.A.P-3 Battalion. But before receiving the advice memo, the petitioner got appointment in the military and he was asked to join for training in Hyderabad. While he was away in Hyderabad, the petitioner was asked to attend a physical fitness test and medical test by the 3rd respondent. The petitioner's father received the same and communicated that fact to him in Hyderabad. But it reached the petitioner after the time fixed for the test was over. In the above circumstances, the petitioner could not attend for the test. The petitioner apprehends that because of non- appearance of the petitioner for the physical fitness test and medical test, the respondents may cancel the advice. Therefore, the petitioner requested for another opportunity to undergo the physical fitness test and medical test. Since the petitioner's request was not favourably considered, the petitioner has filed this writ petition seeking the following reliefs: “I. Writ of certiorari or appropriate writ, direction or order calling for the records leading to the Exhibit P5 and quash the same. II. Writ of mandamus or appropriate writ, direction or order directing the respondents not to fill up the vacancy of Police Constable for which the petitioner is selected and advised by PSC with any other candidate. w.p.c.4080/11 2 III. Writ of mandamus or appropriate writ, direction or order directing the respondents to extend one more opportunity to the petitioner to appear for physical fitness and medical test for appointment as Police Constable on the basis of Exhibit P4 advice memo.” 2. I am of opinion that if such a request, whatever be the justification for the same, is allowed, the respondents may not be able to complete the selection within time. From Ext.P5 it is seen that the petitioner was given two chances to undergo the fitness test and medical test and he did not make use of both. In any event, I am of opinion that this Court cannot direct the respondents to give the petitioner another chance under law. In the above circumstances, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge