IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 14867 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------- MUNEERUDEEN,S/O.SAINULABDEEN,AGED 24 YEARS, KUNNIL PUTHEN VEEDU,ALATHUKAVU, PONGANADU P.O,KILIMANOOR, THRIUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS HOME SECRETARY,DEPARTMENT OF HOME SECRETARIAT,THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM,THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,THIRUVANANTHAPURAM. 4. THE COMMANDANT,A.P BATTALION, THIRUVANANTHAPURAM. R1 & R4 BYGOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU R2 & R3 BY ADV. SRI. ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.14867 OF 2010 ------------------------------ Dated this the 19th day of May, 2010 J U D G M E N T ~~~~~~~~~~~ Petitioner was advised by the PSC for appointment as Police Constable in Kerala Armed Police (APB). He submits that he is not deputed for training for the reason that he is an accused in Crime No.60/2007 on the file of Kilimanoor Police Station, which has been charge sheeted as CC No.648/2007 on the file of Judicial First Class Magistrate Court-II, Attingal. 2. The contention raised by the petitioner is that for the mere reason that he is an 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 petitioners be admitted for training. In view of the above, and also following the WPC No14867/10 :2 : 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 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) ps