IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 31709 of 2010(K) --------------------------------- PETITIONER(S): ------------------- NISHAD P.I., S/O.ISMAIL, AGED 25 YEARS, RESIDING AT PODIPPARA HOUSE, P.O.ALAPRA, KOTTAYAM DISTRICT-686 544. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 023. 3. THE INSPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, THIRUVANANTHAPURAM-695 023. 4. THE COMMANDANT, BATTALION V, K.A.P. MANIYAR, PATHANAMTHITTA-609 662. 5. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, IDUKKI DISTRICT-685 603. R1 TO R3 BY GOVT. PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ S.SIRI JAGAN, J. --------------------------------------------- W.P.(C) NO. 31709 OF 2010 -------------------------------------------- Dated this the 18th day of October, 2010. JUDGMENT 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 decision 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 of mandamus or other appropriate writ order or direction commanding the 4th respondent to grant training to the petitioner along with the batch to whom training is commenced from 9.10.2010.” 2. I have heard the learned Government Pleader also. 3. From the above said decision relied on by the petitioner, I find that a learned Judge of this Court has issued certain directions in 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 W.P.(C) NO. 31709 OF 2010 2 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. mns