IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17879 of 2010(H) -------------------------- PETITIONER(S): ----------------------- NOUSHAD K., NASEEMA VILLA, PERUVALATH PARAMBA P.O, IRIKKUR, KANNUR DT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. THE COMMANDANT, KERALA ARMED POLICE BATTALION-IV, MANGATTUPURAMBU, KANNUR. 2. THE GOVERNMENT OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, HOME (L) DEPARTMENT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17879 OF 2010 (H) ===================== Dated this the 9th 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 Battalion-IV. He submits that he is not deputed for training for the reason that he is accused in Crime No.40/2008 of Irikkur Police, which has been registered as C.C.No.300/2008 on the file of Judicial First Class Magistrate Court II, Kannur. 2. The contention raised by the petitioner is that for the mere reason that he is accused in 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 WPC No. 17879/10 :2 : 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, 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