Scheduled Tribe petitioner challenged rejection for Electricity Worker post due to insufficient height, citing relaxations for police posts. Court dismissed petition stating no merit and noting unrealisticity of modifying completed selection process.
Petitioner's prayer for direction to afford height relaxation based on Police post notifications was rejected.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929
WP(C).No. 356 of 2008(P)
PETITIONER:
SAMUEL MORIES, S/O. M.J.JOHNY, AGED 41 YEARS, MUNDAPILLY HOUSE,URULANTHANNI P.O., PINAVOORKUDY, KUTTAMPUZHA, ERNAKULAM DISTRICT.
BY ADV. SRI.JOHN JOSEPH(ROY)
RESPONDENTS:
K.P.S.C., DISTRICT OFFICE, ERNAKULAM, KOCHI-11.
BY SC SRI.ALEAXANDER THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI,J.
W.P ( C) No. 356 of 2008
Dated this the 3rd January, 2008
J U D G M E N T
The petitioner belongs to a scheduled Tribe. The Public Service Commission invited applications for the post of Electricity worker (Mazdoor) in the Electricity Board. The petitioner had also applied to the said post. He appeared in the written test and was included in the short list. Thereafter, he was invited for physical test. Notification prescribes a minimum height of 157.48 cms equivalent to 5 feet 2 inches for a candidate. Petitioner's height was found to be 153 c.m. According to the petitioner, on re-measurement also, the height of the petitioner was found to be 154.5 cms. In other words, it is admitted that petitioner's height is not 157.48 cms, which is prescribed under the notification.
W.P ( C) No. 356 of 2008
2
Even otherwise, the petitioner's request for a direction to the PSC to incorporate a clause for relaxation in the notification or for a direction to the appointing authority to incorporate such a clause in the notification cannot be entertained at this stage - The selection itself is over. I do not find any merit in the writ petition and the same is therefore, dismissed.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 356 of 2008
2
K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
W.P ( C) No. 356 of 2008
2
25th May, 2007
2 issues framed by the court
Whether a Scheduled Tribe candidate is entitled to height relaxation for the post of Electricity Worker based on relaxations granted to Police posts.
Whether a direction to the Public Service Commission to modify an existing notification after the selection process is complete can be entertained.
SAMUEL MORIES
KERALA PUBLIC SERVICE COMMISSION
V.GIRI
K.THANKAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
