KPSC Vs. ASHOKAN

JUDGEMENT

(1.) The appellants herein are the District Officer, Kerala Public Service Commission, Thrissur and the Kerala Public Service Commission who are respondents 2 and 3 respectively in O.P. No. 31446 of 2001. The appellants challenge the order passed by the learned Single Judge on 19.12.2001 in C.M.P. No. 51236 of 2001 in O.P. No. 31446 of 2001.

(2.) During the year 1997 the Public Service Commission issued a notification inviting applications from eligible candidates for the post of Electricity Worker (Mazdoor) in the various offices of the Kerala State Electricity Board. Sri. Ashokan A.M., petitioner in O.P. No. 31446 of 2001, applied for the post of Electricity Worker (Mazdoor). The petitioner passed the written examination and he was included in the short - list published by the Public Service Commission. Thereafter he was asked to appear for physical measurement and cycling test. As per the notification issued by the Public Service Commission, the minimum height required for selection to post of Electricity Worker (Mazdoor) is 157.48 cm. The candidate is required to submit a certificate issued by the Medical Officer in order to prove that he is having the required physical measurement. According to the petitioner, the physical measurement in his case was conducted by a policeman attached to the office of the Deputy Superintendent of Police, Thrissur. It is contended that the police man is not an expert to conduct physical measurement of the candidates. The petitioner claims that his height is 158 cm. as evidenced by the certificate issued by the Assistant Surgeon, Public Health Centre, Vellanikkara. It is contended that at the time of physical measurement the authorities declared that the petitioner was not having the required height and therefore he was not permitted to participate in the cycling test. Aggrieved by the above action, the petitioner filed an appeal before the Public Service Commission. Thereupon he was directed to be present at the Office of the second respondent on 29.9.2001 for re - measurement. Accordingly the petitioner appeared before the authority concerned. But, according to the petitioner, the same police constable who had taken the earlier measurement, measured the petitioners height and declared that the petitioner was not having the prescribed height. Thereupon the petitioner filed the Original Petition contending that the measurement taken by the authority was not in the proper manner and that the measurement was taken by an incompetent person who was not an expert in the field. The petitioner relied on the certificate issued by the Assistant Surgeon, Public Health Centre, Vellanikkara showing his height as 158 cm. In the Original Petition the petitioner prays for a direction to respondents 2 and 3 to permit him to participate in the cycling test in the light of Ext. P2 certificate issued by the qualified medical practitioner. He also prays for a direction to the respondents to refer the dispute with regard to the height of the petitioner to a Medical Board or to any other qualified medical practitioner in order to ascertain the actual height of the petitioner and to proceed with the selection process in the light of the certificate issued by the Medical Board or the qualified medical practitioner. There is also a prayer to declare that the petitioner is fully qualified to hold the post of Electricity Worker (Mazdoor).

(3.) Along with the Original Petition the petitioner filed C.M.P. No. 51236 of 2001 praying for a direction to respondents 2 and 3 to permit the petitioner to provisionally participate in the cycling test for selection as Electricity Worker (Mazdoor) pending disposal of the Original Petition. When the CMP came up for consideration before the learned single Judge, the Court directed the Security Officer of the High Court to measure the height of the petitioner who was present in Court on that day. The Security Officer found that the height of the petitioner is 157.6 cm. On that basis the Court held that prima facie, the petitioner is eligible to be considered for selection and for inclusion in the rank list. Hence the impugned interim order was passed by the learned single Judge on 19.12.2001 directing that the petitioner shall be considered for the purpose of selection and for inclusion in the rank list subject to further orders. Aggrieved by the said order, the Public Service Commission has filed this appeal.