IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11799 of 2008(D) -------------------------- PETITIONER: ------------ M.R.SAJITH KUMAR,(HALL TICKET NO. 187, REG. NO.S.635), T.C.62/414, HOME NO. 8, RAJAKRISHNA CHITRA NAGAR, MANACADU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN SC KPSC, SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 11799 of 2008 -------------------------- Dated this the 7th April, 2008 J U D G M E N T The facts narrated in this wit petition reveals the unfortunate circumstances in sofaras the petitioner is concerned. But I find it difficult to interfere in the matter by issuing any direction to the Public Service Commission as sought for by the petitioner. 2. Petitioner responded to a notification issued by the Public Service Commission for selection to the post of Sub Inspector of Police (Trainee) in the General Executive Branch. After the written test, he was called for Physical Efficiency Test conducted on 23.5.2006 at the Mar Evanios College Ground in Trivandrum. Apparently, according to the petitioner. there was heavy rain when the test was being conducted. Out of 8 items forming part of the Physical Efficiency Test, successful candidates had to pass muster in five items. One of the items for which the petitioner had expressed his willingness to participate was rope climbing. According to the petitioner, rope given to W.P ( C) No. 11799 of 2008 2 him was a new coir rope instead of jute rope which is normally supplied. Petitioner, therefore, fell down in the course of the test and suffered fracture on his right hand and was taken to S.P. Fort Hospital. On X-ray analysis it was found that he was having a spiral fracture in the right humerus bone. Petitioner sought for a fresh opportunity to participate in the physical efficiency test. It was, inter alia, alleged that test was not conducted properly. Therefore, he met with an accident which was not of his own making. Issue was directed to be considered by this Court under Exhibit P9 judgment and later by Exhibit P13 judgment when this court found that the orders passed are not supported by reasons. This ultimately led to Exhibit P14, wherein, issue has been elaborately considered. Exhibit P14 is under challenge in this writ petition. 3. I heard learned counsel for the petitioner Sri. Johnson Gomez and learned standing counsel for the PSC Sri.Alexander Thomas. I have gone through Exhibit P14 which elaborately deals with each and every contention of the petitioner . May be, the petitioner was unfortunate when he met with an accident in the course of participating in the physical W.P ( C) No. 11799 of 2008 3 efficiency test, which disabled him from further participation in the test as such. But it is difficult to discern any illegality on the part of the PSC in not affording a second chance to the petitioner as such. There is no rule or instruction which enables the petitioner to claim such chance. Public Service Commission should obviously adhered to the standards which are of general application. In the circumstances, I do not find any merit in this writ petition. The writ petition is therefore, dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 11799 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 11799 of 2008 5 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.