IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 38321 of 2010(M) ------------------------- PETITIONER : -------------------- ARUN PRAKASH.P.R., S/O.RAJALAKSHMI AMMA, "PRAKASH BHAVAN", VENNIYOOR, VENGANOOR.P.O., THIRUVANANTHAPURAM-695 523. BY ADVS. SRI.K.T.SHYAM KUMAR SRI.HARISH R. MENON SMT.M.S.KIRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE CONVENOR, SPECIAL SELECTION BOARD, COMMANDO WING OF INDIAN RESERVE BATTALION, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 014. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 014. 4. THE KERALA PUBLIC SERVICE COMMISSION, PATTAM, THIRUVANANTHAPURAM, PIN-695 004, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH R4 BY ADV. SRI. ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38321 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2011 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) issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd Respondent to include the name of the Petitioner in the list of trainees and permit the Petitioner to join the training camp to be conducted for newly recruited Police Constables in the Commando Wing of Indian Reserve Battalion. ii) declare that the Petitioner is entitled to join for training and consequential appointment, irrespective of the pendency of the criminal case and that the 2nd Respondent has no authority to prohibit the Petitioner from attending the training on such a ground.” 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 W.P.(C)No. 38321 of 2010 -2- 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 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. S. SIRI JAGAN JUDGE shg/-