IMPORTANT POINTS
The measurement of the grounds, where the events have to be conducted is taken by the members of the Board in the presence of the candidates, so that, they can raise complaints, if any. In such circumstances, after participating in the Physical Efficiency Test and being unsuccessful in it, the applicants cannot request for a re-test. The Tribunal ought not have entertained such a request from the applicants, unless there are sufficient reasons for the same.

JUDGMENT :

P.V.KUNHIKRISHNAN, J.

1. The above Original Petition (KAT) is filed by the respondent in O.A.(EKM)1971 of 2016 on the file of the Kerala Administrative Tribunal (hereinafter mentioned as 'Tribunal'). The Original Application was filed by the respondents herein (hereinafter parties are mentioned according to their rank before the Tribunal).

2. The Kerala Public Service Commission (for short KPSC), invited applications from qualified candidates for the post of Women Sub Inspectors of Police (Trainee) as per Ext P1(A1) Notification. The method of appointment is mentioned in clause 5 of Ext P1(A1) Notification. There are 4 categories mentioned in the above clause namely, Category No.5/16 to Category No.8/16. Applicants applied for Category No.7/16 which is a recruitment from among the Women Graduate Police Constables, Head Constables, and officers of corresponding rank in Police and Vigilance Department, who have completed probation.

3. Applicants are presently working as Women Civil Police Officers under the Police Department. An OMR test was conducted on 28.5.2016 by the KPSC and thereafter a shortlist was published by the KPSC on 4.10.2016, which is Exts P1(A2). The applicants are included in Ext P1(A2) short list and accordingly, they were called for a Physical Efficiency Test on 30.11.2016. As per Ext P1(A1) Notification, the candidates should qualify in any of the five events out of the eight specified events of the National Physical Efficiency "One star Standard Test" shown below as per Ext P1(A1) Notification.

(As per G.O.(P) No.65/2009/Home dated 25.5.2009) Note: If accidents or injuries happen to a candidate while participating in the Physical Efficiency Test, he/she will not be given further chance to participate in the test.

4. In the note mentioned above, it is clearly stated that, if accidents or injuries happened to a candidate while participating in the Physical Efficiency Test, he/she will not be given further chance to participate in the test. The applicants were called for the Physical Efficiency Test and the venue was Government Medical College, Kozhikode at Centre-II. The applicants participated in the Physical Efficiency Test conducted on 30.11.2016. After participating in the Physical Efficiency Test conducted on 30.11.22016, the applicants submitted a complaint before the respondent on 3.12.2016, alleging that, the ground was in a poor condition, affecting their very performance. Thereafter, when KPSC had not taken any decision in the complaint, the Original Application was filed by the applicants herein with the following prayers:

(i) To direct the respondent to conduct a another Physical Efficiency for selection to the post of Women Sub Inspectors of Police(Trainee) for those candidates who participated on 30.11.2016 at Centre II in Government Medical College Ground, Kozhikode

(ii) To declare that the Physical Efficiency Test conducted on 30.11.2016 at Centre II in Government Medical College Ground, Kozhikode was done in unsuitable conditions and hence arbitrary and illegal.

(iii) To permit the applicants to participate in another Physical Efficiency Test before the interview and publication of ranked list for selection to the post of Women Sub Inspector of Police under Category 7/2016.

(iv) To issue such other orders, or directions as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.

5. The main praye