IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 712 of 2008(I) ----------------------------------- PETITIONER: -------------------- BYJU.P.F., PALAYUR HOUSE, P.O.MUNDUR, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: -------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANATHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, THRISSUR. 4. THE CHIEF ENGINEER (H.R.M) THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 712 of 2008 -------------------------- Dated this the 9th January, 2008 J U D G M E N T Pursuant to the notification issued by the Public Service Commission for selection to the post of Electricity Worker (Mazdoor) in Thrissur District, petitioner had responded. He appeared for the written examination, and was called for certificate verification, physical measurements and cycling test scheduled to be held on 17.12.2007. According to the petitioner, due to an accident which he met with on 9.8.2007 he was admitted in the Aswini Hospital, Thrissur. Therefore, he was unable to proceed for the cycling test on 17.12.2007. He refers to Exhibits P3 and P4 certificates issued in this regard showing his disability on 17.12.2007. Petitioner, thereafter, approached the District Office of the Public Service Commission seeking indulgence of the Public Service Commission to dispense with the cycling test. He referred to the accident which he met with on 9.8.2008. He also referred to the fact that he had undergone a cycling test in connection with selection to the post of Last Grade Servants, conducted in May 2007 and was included in the W.P ( C) No. 712 of 2008 2 rank list. According to him, the Public Service Commission can take note of the said aspect and condone his absence in the cycling test held on 17.12.007 2. I have heard the learned standing counsel for the Public Service Commission Mr. Alexander Thomas also. Learned counsel submits that if the petitioner submits a representation before the Public Service Commission pointing out these aspects, the same shall be looked into by the P.S.C and appropriate decision shall be taken in this regard. In the facts and circumstances of the case and especially taking note of the fact that the petitioner was disabled in appearing for the cycling test on 17.12.2007 and further taking note of the fact that the petitioner had been selected to another post which also requires a similar qualification, I am of the view that the PSC may consider the request of the petitioner for subjecting him to a cycling test afresh. In the result, this writ petition is disposed of directing the petitioner to submit a representation on the above lines, within ten days from today, in which case, it shall be looked into by the 2nd respondent and appropriate decision shall be taken thereon, W.P ( C) No. 712 of 2008 3 without any further delay. The petitioner shall produce copies of the certificates in support of his claim along with representation (V.GIRI, JUDGE) ma W.P ( C) No. 712 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007