IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 18662 of 2010(G) -------------------------- PETITIONER(S): --------------- MANOJ.P.S,S/O.PHILIP K.P., AGED 22 YEARS KARIMATTATHIL HOUSE, THAZHAKKARA PO, MAVELIKKARA ALAPPUZHA DISTRICT. BY ADV. SRI.K.ANTONY JOSEPH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, THROUGH THE HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695001. 2. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA PIN 689 643 3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM PIN 695 001 4. COMMANDANT, OFFICE OF THE COMMANDANT KERALA ARMED POLICE III BATTALION, ADOOR PIN 688 534. GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU SC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).18662/2010 -------------------- Dated this the 24th day of June, 2010 JUDGMENT Petitioner was advised by the PSC for appointment as Police Constable in Kerala Armed Police III Battalion. It is stated that he is not deputed for training for the reason that he is accused in Crime No.557/08 on the file of Mavelikkara Police Station, pending trial before the Assistant Sessions Judge, Mavelikkara, as S.C.838/2010. 2. The contention raised by the petitioner is that for the mere reason that he is an accused in a criminal case, which is pending trial, he cannot be excluded from training. For this purpose, he relies 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). 3. In several cases of this nature, orders have been passed by this Court directing that the petitioner be admitted for training. In view of the above, and also following the principles W.P.(C).18662/10 2 laid down by this Court in the aforesaid judgments, it is ordered that the respondents shall permit the petitioner to attend the ensuing training after following the procedure prescribed therefor 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 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 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. Upon execution of such bond, along with others, he shall also be permitted to attend training. 4. Petitioner may produce a copy of this judgment before the concerned Commandant for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs