IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11608 of 2011(A) -------------------------- PETITIONER(S): --------------- SHIJUMON.P. UPPER DIVISION CLERK, DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): --------------- KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI. P.C. SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 11608 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of April, 2011. J U D G M E N T The petitioner is an Upper Division Clerk in the office of the Deputy Director of Collegiate Education, Kottayam. He has applied for selection to the post of Deputy Collector, for which the preliminary examination is to be conducted by the Public Service Commission on 9.4.2011. The petitioner has made elaborate preparation for writing the test. But, he has been assigned election duty as a polling officer of the Changanassery Assembly Constituency. In connection with the election duty, he has to be present in the polling station before 9.4.2011 and therefore he will not be able to write the examination if conducted on 9.4.2011. Although the petitioner approached the Public Service Commission, the Government and the Election Commission for postponing the test, they were not prepared to come to the assistance of the petitioner. That is why the petitioner has come before this Court seeking the following relief: “Issue a writ of mandamus or any other writ or order, direction, directing the respondent to postpone the preliminary examination to the post of Deputy Collector in the Department of Land Revenue – Kerala Civil Service (Executive) scheduled to be held on 9.4.2011.” 2. The petitioner can seek only an enforcement of a right if the petitioner has one. I do not think that on account of the fact that the petitioner has been assigned election duty, I can direct the Public Service Commission to postpone the test already scheduled by them. It is a discretionary decision which the Public Service Commission has to take by themselves. Although the petitioner deserves sympathy, this Court cannot direct the Public Service Commission to postpone W.P(C) No. 11608 of 2011 -: 2 :- the test to accommodate the petitioner to the inconvenience of many others who are also to write the examination. With the solemn hope that the Public Service Commission would consider the request of the petitioner in the right perspective, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.