IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 17030 of 2010(C) -------------------------- PETITIONER(S): --------------- ANEESH.C.K., AGED 27 YEARS, S/O.N.K.KUNJAPPAN, CHEETHUPARAMBIL LAKSHAM VEEDU, AROOR PANCHAYAT WARD NO.19, AROOR P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSAN MR.P.G.SURESH MS.K.VIDYA MANUVILSAN MR.M.R.VIBIN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM. 4. THE COMMANDANT KAP 1BN, OFFICE OF THE KAP 1 BN, RV PURAM, THRISSUR-680631. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17030 of 2010 (C) --------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T Petitioner submits that he is advised for recruitment as Police Constable in Kerala Armed Police I Battalion. He submits that he is not deputed for training for the reason that he is accused in Crime No.500/2008 of Aroor Police Station, Alappuzha District. 2. The contention raised by the petitioner is that for the mere reason that he is accused in 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 laid down by this Court in the aforesaid judgments, it is ordered that the respondents shall permit the petitioner to attend the ensuing WP(C) No.17030/2010 -2- 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 Constable, 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, the petitioner 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) jg