IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 535 of 2011(P) ------------------------ PETITIONER(S): --------------- SAJITH M.CHELAKKAD HOUSE, CHAYOTH P.O., VIA NILESHWAR, KASARAGODE PIN - 671314. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM PIN - 695004. 3. THE CONVENER, SPECIAL SELECTION BOARD FOR THE POST OF POLICE CONSTABLE IN THE COMMANDO WING OF INDIAN RESERVE BATTALION, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM PIN-695004. 4. COMMANDANT, INDIA RESERVE BATTALION, POLICE HEADQUARTERS KERALA, THIRUVANANTHAPURAM PIN - 695014. BY GOVT. PLEADER SRI.ANTONY MUKKATH SRI.ALEXANDER THOMAS - SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 535 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2011 J U D G M E N T The petitioner has been advised for recruitment as Police Constable by the Public Service Commission. The grievance of the petitioner is that the petitioner is not being deputed for training on the ground that a criminal case is pending against him. According to the petitioner, such stand is against the decisions of this Court in Christopher Jose v. State of Kerala [(1999) (3) KLT 285] and other similar cases. The petitioner also submits that relying on those judgments, similar cases have been disposed of. The petitioner, therefore, seeks the following reliefs; “i) declare that the petitioner is entitled to be sent up for training and be appointed as Police Constable pursuant to Ext.P1. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to issue order appointing the petitioner as Police Constable in the Commando Wing of Indian Reserve Battalion pursuant to Ext.P1 and call him for training within a time limit to be fixed by this Hon'ble Court.” 2. I have heard the learned Government Pleader also. 3. From the abovesaid decision relied on by the petitioner, I find that a learned Judge of this Court has issued certain directions in a writ petition filed by an identically situated person. Accordingly, W.P.(C)No. 535 of 2011 -2- following that decision, this writ petition is disposed of as follows: The respondents shall permit the petitioner to attend the ensuing training after following the procedures prescribed thereof and other rules relating to the same. It is clarified that if the petitioner is finally found ineligible based on the judgment of the criminal court to enter or continue in Government service as Police Constable, the respondents will be free to take appropriate action including recovery of the entire expenses incurred by the Government for providing training to the petitioner. It is also directed that the petitioner shall execute a bond undertaking that he shall refund the entire amount incurred by the Government for the purpose of his training. On execution of such bond, along with others the petitioner shall also be permitted to attend the training. The petitioner may produce a copy of this judgment before the concerned Commandant for compliance. S. SIRI JAGAN JUDGE shg/