IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15644 of 2010(E) -------------------------- PETITIONER(S): ---------------------- SHAJIMON R., KALLUVILA VEEDU, KALLUVILA JUNCTION, KUMBALAM, MULAVANA, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ISNPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, THYCAUD, THIRUVANANTHAPURAM. 3. THE COMMANDANT, KERALA ARMED POLICE IV BATTALION, MANGATTUPARAMBU, KANNOOR. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KASARAGOD. GOVT.PLEADER SRI.ARAVINDKUMAR BABU SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, ALONG WITH WPC NO.15645/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 15644 & 15645 OF 2010 (E) ============================ Dated this the 21st day of May, 2010 J U D G M E N T Petitioner in WP(C) No.15644/2010 was advised by the PSC for appointment as Police Constable in the Armed Police IV Battalion. It is stated that he is not deputed for training for the reason that he is accused in C.C.No.355/2010 pending before the J.F.M.C-1 Kollam. 2. Petitioner in WP(C) No.15645/10 submits that he is advised for recruitment as Police Constable in the Armed Police IV Battalion. He submits that he is not deputed for training for the reason that he is accused in four different criminal cases (C.C.No.2359/2007 and C.C.No.2543/2008) 3. 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). 4. In several cases of this nature, orders have been WPC Nos. 15644 & 15645/10 :2 : 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 the purpose of their training. Upon execution of such bond, along with others, they shall also be permitted to attend training. 5. 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