VENUMOHAN T Vs. STATE OF KERALA

JUDGEMENT

(1.) The authority of the Kerala Public Service Commission (for short 'the Commission' only) for prescribing and conducting 'Physical Efficiency Test' for recruitment to the post of Excise Guards against 10% vacancies set apart for persons included in the last grade service as part of the selection process initiated as per notification dated 12-3-2007, is assailed in these Writ Petitions. Therefore, they are heard and being considered jointly. Before adverting to the averments, it is only apposite to refer to the rales relevant for the purpose of deciding the aforesaid points.

(2.) The Special Rules for the Kerala Excise and Prohibition Subordinate Service (for short 'the Special Rules' only) provide the methods of appointment to the post of Excise Guards and, as per which, 90% of the vacancies in the said category shall be filled up by direct recruitment and the remaining 10% of the vacancies shall be filled up by transfer from members of the last grade service in the Department, who possess the required qualifications. In the absence of qualified last grade employees in the Department, for appointment by transfer against the 10% vacancies under that category, the same shall be filled by direct recruitment. Rule 5 of the Special Rules prescribes the qualifications for appointment to the categories in the subordinate service including Excise Guards. Category 3 therein is Excise Guards and the qualifications for appointment to the said post are prescribed as hereunder: Excise Guards Recruitment by transfer and direct recruitment (1) Must have completed the S.S.L.C. course or its equivalent (2) Must not be less than 165 cm. in height and 81cm. round the chest with a minimum expansion of 5cm. [Provided that in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes, the minimum height shall be 160 cms. and the minimum chest measurement shall be 76 cms. with a minimum expansion of 5cms.] (3) Must be certified by a Medical Officer not below the rank of an Assistant Surgeon as to his physique, fitness and capacity for active outdoor work.

(3.) For the sake of convenience, the documents are being referred to in this judgment in the order they are set out in W.P.(C) No.8979/2009. The petitioners in these Writ Petitions are last grade servants in the Excise Department and they applied for the post of Excise Guards in different districts pursuant to Ext.P-1 notification, dated 12-3- 2007 for appointment by transfer against the 10% quota set apart for them. Note (1) under the clause 7 (3) of Ext.P-1 notification carries the assailed stipulation for conducting Physical Efficiency Test. It reads thus: