IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 30986 of 2010(W) -------------------------- PETITIONER(S): --------------- SUNESH.G., S/O.GURUSWAMI, KUNNATH HOUSE, MADAYANKADU, VILAYODI P.O., PALAKKAD DISTRICT, PIN-678 103. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE COMMANDANT, KAP II BATTALION, MUTTIKULANGARA, PALAKKAD-679 001. 3. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 4. ADDITIONAL DIRECTOR GENERAL OF POLICE (VIGILANCE) THIRUVANANTHAPURAM-695 001. 5. SUPERINTENDENT OF POLICE, PALAKKAD-679 001. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.30986 of 2010 ================== Dated this the 8th day of October, 2010 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) to issue a writ of mandamus directing the respondents to appoint the petitioner as Police Constable in Armed Police Battalion of Police Department on the basis of Ext.P1 advice memo; ii) to declare that the petitioner is eligible to be appointed as Police Constable in Armed Police Battalion of Police Department on the basis of Ext.P1 advice memo and on the basis of the clearance in the medical test held on 5.10.201;” 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, following that decision, this writ petition is disposed of as follows: The respondents shall permit the petitioner to attend the ensuing w.p.c.30986/10 2 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. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.30986/10 3 ///True copy/// P.A. to Judge sdk+ S.SIRI JAGAN, JUDGE