Forest Driver Recruitment: Kerala HC Declines Fresh Test In Vehicle 'Suitable' For 6Ft. Tall Applicant, Says No Denial Of Employment Opportunity

The applicant contended that he was unable to maneuver the vehicle provided to him due to his excessive height and sought another driving test in a vehicle with a seat adjusting facility.

The Division Bench of Justice A.Muhamed Mustaque And Justice Murali Purushothaman observed that there is no denial of opportunity since candidates with same height as that of the applicant cleared the driving test using the same vehicle.

“The physical stature of the 1st applicant, with a height of 185 cm, cannot typically be regarded as peculiar or excessive. No doubt, he is a tall man. It is stated by the KPSC that candidates with the same height as the 1st applicant participated in the selection and passed the test. The 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 or mala fides. The long and the short of the discussion is that the direction of the Tribunal to conduct driving test afresh for the 1st applicant in a suitable vehicle and to consider him in the selection process cannot be sustained. We set aside the impugned order of the Tribunal.”

The applicant contended that the selection process for the post included a practical test (T-Test and Road Test), where they were given an old KSRTC bus which had a tight steering wheel making it difficult for them to maneuver it. The applicant argued that he would have cleared the test if he was provided a vehicle with a seat adjustment facility.

On the other hand, KPSC submitted that the driving test was carried out as per rules and in a fair and transparent manner. It was stated that the KSRTC bus provided for the test had been verified by the Motor Vehicle Inspector and was in good condition for the test. It was argued that large number of candidates cleared the test using the same vehicle and the applicants cannot claim that the entire selection is vitiated only because he failed the test.

The Tribunal found that the applicant could not clear the test due to his excessive height as he was unable to maneuver the vehicle. It was found that the applicant must not be denied the opportunity for employment by depriving him of an opportunity to participate in the test with a seat adjustment facility.

Before the High Court, the KPSC also submitted that they cannot furnish vehicles to suit the convenience of each candidate. It was also argued that the Tribunal had no finding that the selection was irregular or vitiated. It was also argued that the Tribunal's order would set a bad precedent of entertaining complaints and causing delays in the selection process.

The Court found that KPSC used a standard KSRTC bus as per rules for conducting the test and that a large number of candidates passed the test using the same vehicle in the same centre.

The Court found that the first applicant is a tall man but it also noted that candidates with the same height as that of him have cleared the driving test using the same vehicle.

As such, the Court set aside the order of the Tribunal and allowed the petition of KPSC.

Counsel for Petitioner: Advocate P C Sasidharan

Counsel for Respondents: Advocates P.Nandakumar, Vivek Vijayakumar, Silpa Sreekumar, Merin K Jimmy

Case Number: OP(KAT) NO. 147 OF 2024

Case Title: Kerala Public Service Commission v Johnraj P & Others

Citation: 2024 LiveLaw (Ker) 622

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