IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 10823 of 2010(C) -------------------------- PETITIONER(S): --------------- JOHN JOSEPH, AGED 42 YEARS, S/O. VARKEY JOSEPH, FOREST GUARD, KOTHAMANGALAM RANGE, RESIDING AT THOTTIYIL HOUSE, KADAVOOR P.O., POTHANICAD-686 671. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, (IHRD), VAZHUTHACAD, THIRUVANANTHAPURAM. 3. THE CONSERVATOR OF FORESTS (HIGH RANGE CIRCLE), S.H.MOUNT P.O., KOTTAYAM. 4. THE PRINCIPAL, KERALA FOREST SCHOOL, ARIPPA, CHOZHIYAKKOD P.O., KULATHUPPUZHA (VIA), PIN-691 317. 5. THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM. 6. THE FOREST RANGE OFFICER, KOTHAMANGALAM RANGE, KOTHAMANGALAM P.O., PIN-686 691. R1 TO R6 BY MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------- W.P.(C) No.10823 of 2010 --------------------------------- Dated this the 6th day of April 2010 J U D G M E N T The petitioner who is a Forest Guard presently working in the Forest Section Office at Kothamangalam has filed this writ petition aggrieved by the order deputing him for training at Forest Training School, Arippa. He was so ordered to be sent for training as per Ext.P14. Ext.P15 is the relieving order. Earlier, when he was ordered to be sent for training, he approached the authorities with the prayer to grant exemption and at the point of time he was referred before a medical board for examination. Ext.P10 is the medical certificate issued by the medical board dated 12.3.2009. Hypertension and high blood pressure are the reasons based on which the petitioner seeks exemption from undergoing training. The contention of the petitioner is that on account of his physical condition, the department has either to exempt him from training or allow him category change. For W.P.(C) No.10823 of 2010 -2- getting the above considerations, the petitioner has submitted Ext.P17 representation before the government and Ext.P16 before the 5th respondent. 2. The petitioner cannot as a matter of right make a claim that he should be exempted from training or should be allowed category change. It is a matter which is to be decided by the competent authorities taking in to account various factors. Whether Hypertension and high blood pressure are sufficient reasons for acceding to the aforesaid requests itself is a matter to be considered by the authority competent. The petitioner has also to appraise the authorities whether he is prepared to suffer the consequences of failure to undergo training, in case he is allowed to be retained in the present cadre itself. Ext.P15 would reveal that the petitioner was relieved pursuant to Ext.P14 order. The apprehension of the petitioner is that undertaking a rigorous /regress training would endanger his life. In the circumstances, without making any observation as to the merits of the case, I am disposing this writ petition with a direction to the second respondent to consider Ext.P16 petition submitted by the petitioner and pass orders therein expeditiously. To enable W.P.(C) No.10823 of 2010 -3- the second respondent to consider Ext.P16 the same shall be forwarded by the fifth respondent to the second respondent within a period of two weeks from the date of receipt of copy of this judgment. As the petitioner has already been relieved, the fifth respondent shall issue necessary orders for permitting the petitioner to continue in Forest Section, Kothamangalam itself till a decision is taken on Ext.P16. This writ petition is accordingly disposed of. C.T.RAVIKUMAR, JUDGE Jvt