IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17119 of 2010(L) -------------------------- PETITIONER(S): --------------- SALEEM.A., S/O.RAZAK, NITTOOKANDY HOUSE, UMMENCHIRA P.O., THALASSERY, KANNUR DISTRICT. BY ADV. SRI.M.C.RATNAKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY TO GOVT., HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CAMANDANT, KAP IVTH BATTALION MANGATTUPARAMBA, KANNUR DISTRICT. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR. GOVT. PLEADER SMITHA BABU SC SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO.17119 OF 2010 () ===================== Dated this the 3rd 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 C.C.NO.457/09 of the JFCM, Thalassery. 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 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). 3. In several cases of this nature, orders have been 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 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 WPC No. 17119/2010 :2 : 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 Rp