IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 WP(C).No. 12683 of 2011(I) -------------------------- PETITIONER(S): --------------- SOJI AUGUSTINE, AGED 24 YEAS, S/O. AUGUSTINE, VATTIMTHOTTIYIL HOUSE, KILIYANTHARA P.O., KUNNOTH, KANNUR - 670 706. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE SRI.ABHISHEK KURIAN SMT.JESSY GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DITRICT OFFICE, KASARGOD. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARAY, PATTOM, THIRUVANANTHAPURAM. 4. COMMANDANT, KERALA ARMED POLICE IVTH BATTALIONS, MANGATTUPARAMBU, KANNUR. R1 BY GOVT. PLEADER SMT. NISHA BOSE R2 & 3 BY SC SHRI. P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 12683 OF 2011 I ----------------------------------------------------------- Dated this the 29th April, 2011. JUDGMENT The petitioner is a person who has been selected for appointment to the post of Police Constable in the Kerala Armed Police IVth Battalion. He has been advised as per Ext.P1 memo. However, he has not been called for training for the reason that a criminal case is pending against him as crime No: 139/2009 of Irikkoor police station, Kannur. 2. The contention of the petitioner is that the mere reason that he has been arrayed as an accused in a criminal case does not disentitle him from being called for training. He has relied on two decisions, Christopher Jose v. State of Kerala {1999(3) KLT 285} and Suresh v. Public Service Commission {2008(2) KLT 441}. It is pointed out that in other similar cases orders have been granted by this Court permitting similarly placed persons to attend the training. In view of the above the petitioner seeks a similar direction in this case also. 3. The petitioner has produced Ext.P4 judgment by which a similar writ petition has been disposed of. In view of the fact that WPC 12683/2011 2 reliefs have been granted to similarly situated persons I do not find any reason to deny the said relief to the petitioner herein. 4. In view of the above, it is ordered that the respondents shall permit the petitioner to attend the training for selection and appointment as a Police Constable, that is scheduled to commence shortly. The above direction shall be subject to the condition that the petitioner does not suffer from any other disqualification. It is clarified that if the petitioner is ultimately found ineligible based on the judgment of the criminal court that is likely to be passed in the crime that is registered against him, the Government shall be free to initiate appropriate action against him as enjoined by law including action for recovery of the expenses of the training that he is to undergo. It is further directed that the petitioner shall execute a bond undertaking that he shall refund the entire amount incurred by the Government as expenses for the purpose of his training. With the above directions this writ petition is disposed of. K. SURENDRA MOHAN Judge jj WPC 12683/2011 3 WPC 12683/2011 4