"No Denial Of Opportunity": Kerala HC Denies Relief To Tall Man Who Failed T-Test Conducted For Forest Driver Post
The Kerala High Court denied relief to a tall man who failed the t-test while noting that there was no denial of opportunity to undertake the test or for employment.
The Court was hearing an Original Petition filed by the Kerala Public Service Commission challenging the order passed by the Tribunal directing the KPSC to subject the Applicant to driving test afresh in a suitable vehicle and to consider him in the selection process for the post of Forest Driver.
The bench of Justice A Muhamed Mustaque and Justice Murali Purushothaman observed, “…1st applicant therefore cannot contend that because of his excessive height, he could not maneuver the vehicle. There is no denial of opportunity to undertake the test or denial of opportunity for employment. The conduct of T- Test is not vitiated by any procedural flaws, irregularities”
Advocate PC Sasidharan appeared for the Appellant and Advocate P Nandakumar appeared for the Respondent.
Brief Facts-
The Kerala Public Service Commission (KPSC) invited applications for the post of Forest Driver. After passing the OMR-based test and Physical Efficiency Tests, candidates were called for a practical test. The Applicants complained that the KSRTC bus provided for the test was defective. Applicants said that they failed the T-Test and were not allowed to proceed to the Road Test. The applicants submitted complaints to the KPSC, alleging that the vehicle was not roadworthy. The Tribunal ruled in favour of applicant no 1, directing KPSC to conduct a fresh test in a suitable vehicle. Hence, the present Appeal.
The Court took note of the contention of the KPSC that a standard bus was used for the test and that a large number of candidates passed the test using the same vehicle, a fact which was not denied by the Applicants.
The Court said that the conduct of T- Test is not vitiated by any procedural flaws, irregularities or malafides.
The Court set aside the impugned order of the Tribunal.
Accordingly, the Court allowed the Original Petition.
