IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14294 of 2010(J) -------------------------- PETITIONER(S): ----------------------- JEM JERONE, S/O. JERONE, JOM NIVAS, CHERUMMODU, VELIMON.P.O., PERINADU VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SRI.S.SUDHEESHKAR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS HOME SECRETARY, DEPARTMENT, OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSIOM. DISTRICT OFFICE, MALAPPURAM DISTRICT. 4. THE COMMANDANT, MALABAR SPECIAL POLICE, MALAPPURAM DISTRICT. GOVT.PLEADER SRI.ANTONY MUKATH SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, ALONG WITH WPC NOS.15060 & 15062/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 14294, 15060 & 15062 OF 2010 ============================== Dated this the 18th day of May, 2010 J U D G M E N T Petitioner in WP(C) No.14294/10 was advised by the PSC for appointment as Police Constable in MSP. It is stated that he is not deputed for training for the reason that he is accused in Crime No.570/07 on the file of Kundara Police Station. 2. Petitioner in WP(C) No.15060/10 submits that he is advised for recruitment as Police Constable (KAP IVth Battalion). He submits that he is not deputed for training for the reason that he is an accused in Crime No.52/09 on the file of Kuthuparamba Police Station pending trial before the Judicial First Class Magistrate Court, Kuthuparamba. 3. Similarly, the petitioner in WP(C) No.15062/10, who is also advised for appointment as Police Constable (KAP IVth Battalion) submits that he is also excluded from training for the reason that he is accused in Crime No.289/05 on the file of Kuthuparamba Police Station, which has been chargesheeted as CC No.92/06 on the file of Judicial First Class Magistrate Court, Kuthuparamba. WPC Nos.14294, 15060 and 15062/10 :2 : 4. The contention raised by the petitioners is that for the mere reason that they are accused in criminal cases, which are pending trial, they cannot be excluded from training. For this purpose, they rely on the judgments of this Court in Christopher Jose v. State of Kerala (1999(3) KLT 285) and Suresh v. Public Service Commission (2008(2) KLT 441). 5. In several cases of this nature, orders have been passed by this Court directing that the petitioners be admitted for training. In view of the above, and also following the principles laid down by this Court in the aforesaid judgments, it is ordered that the respondents shall permit the petitioners to attend the ensuing training after following the procedure prescribed therefor and other Rules relating to the same. It is clarified that if the petitioners are finally found ineligible based on the judgment of the Criminal Court to enter or continue in Government service as Police Constables, the respondents will be free to take appropriate action including to recover the entire expenses incurred by the State for providing training to the petitioners. It is also directed that the petitioners shall execute a bond undertaking that they shall refund the entire amount incurred by the Government for WPC Nos.14294, 15060 and 15062/10 :3 : the purpose of their training. Upon execution of such bond, along with others, they shall also be permitted to attend training. 6. Petitioners may produce a copy of this judgment before the concerned Commandant for compliance. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp