K.K. Usha, J.

This appeal at the instance of the Kerala Public Service Commission is from the judgment of the learned Single Judge in OP No. 1597/2000 filed by the 1st respondent herein. The learned Single Judge allowed the prayer made by the petitioner for granting her a further chance to undergo the endurance test for selection to the post of Agricultural Assistant Grade-II for the reason that she could not take part in the test on the date originally fixed, as she was in advanced stage of pregnancy. The learned Judge directed Kerala Public Service Commission to conduct an endurance test for the petitioner before finalising the rank list of Agricultural Assistant Grade-II. It is submitted at the Bar that pursuant to the judgment of the learned Single Judge endurance test was given to the petitioner on 29/06/2000 and she came out successful in the test.

2. The Public Service Commission challenges the above judgment of the learn Single Judge on the ground that the direction given by the learned Judge would amount a direction to relax the Conditions of Rules of Recruitment by the Public Service Commission, which, according to the appellant, is directly against the dictum