IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 14776 of 2010(V) -------------------------- PETITIONER(S): --------------- SHIJU S., KOONANVILA HOUSE, VAKKOM P.O., THIRUVANANTHAPURAM, PIN-695 308. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM, PIN-695 003. 4. COMMANDANT, SPECIAL ARMED POLICE, THIRUVANANTHAPURAM, PIN-695 005. BY GP SRI.ARAVINDKUMAR BABU SC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).14776/2010 -------------------- Dated this the 24th day of May, 2010 JUDGMENT Petitioner was advised by the PSC for appointment as Police Constable. It is stated that he is not deputed for training for the reason that he is the second accused in Crime No.316/07 on the file of Kadakkavoor Police Station, which has been chargesheeted as CC No.82/2008 on the file of Judicial First Class Magistrate Court-I, Varkala. 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, petitioner 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 petitioner be admitted for training. In view of the above, and also following the principles laid down by this W.P.(C).14776/10 2 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 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, he 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 mrcs