IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 O.P.(CAT).No. 1122 of 2011 (S) ---------------------------------------------- OA.184/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................... PETITIONER/APPLICANT: ----------------------------------------- ZABEER.T.P., THEKKILAPPURA HOUSE, AGATTI ISLA. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENTS / RESPONDENTS: ----------------------------------------------------- 1. THE ADMINISTRATOR, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, KAVARATTI - 682 555. 2. THE SUPERINTENDENT OF POLICE, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI - 682 555. 3. THE SECRETARY (HOME), DEPARTMENT OF POLICE, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, KAVARATTI - 682 555. ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN. FOR R1-3 THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.Basheer & P.Q.Barkath Ali, JJ. --------------------------------------------------- O.P.(CAT)No.1122 of 2011 --------------------------------------------------- Dated this the 12th day of April, 2011 JUDGMENT Basheer, J. Petitioner has preferred this original petition under Article 227 of the Constitution of India being aggrieved by the refusal of the Central Administrative Tribunal, Ernakulam Bench to grant the interim relief prayed for during the pendency of the original application filed by him. In the original application, which is now pending consideration before the Tribunal, the primary prayer is to quash Annexure-A9 circular issued by the Administration of Union Territory of Lakshadweep, inviting applications from eligible candidates to fill up the vacancies of various technical posts under the Coastal Security Scheme in the Lakshadweep Police Department. The grievance of the petitioner is that in the process of selection now being proposed to be held under Annexure-A9 circular, the Islanders, especially those like the petitioner, would be denied the opportunity to get appointment to the technical posts. Petitioner's heartburn stems from the fact that the Administration and the Port authorities have not so far OPCAT 1122/2011 2 given these people any opportunity to acquire the necessary skill or qualification to equip themselves to apply for the post. In other words, the contention is that by appointing Mainlanders on deputation or on re-employment basis, the Islanders would be left in the lurch and they would never get an opportunity to compete with these Mainlanders. 2. We do not propose to deal with the above contention at this stage, particularly for the reason that the original application is pending consideration before the Tribunal. In our view, this primary issue has to be necessarily dealt with by the Tribunal appropriately. 3. Sri.Radhakrishnan, learned counsel for Lakshadweep Administration, submits that the contention raised by the petitioner that he or similarly placed Islanders are being denied opportunity to compete, is totally untrue. It is pointed out by the learned counsel that twenty out of the twenty three appointees are Islanders. It is further pointed out that sixteen others have already been selected for appointment, out of which, three are Islanders. It is further submitted by the learned counsel that the Administration is not averse to giving appointment to technically OPCAT 1122/2011 3 qualified Islanders, if any are available. 4. As regards the contention that no tests have so far been conducted by the Port Authorities to issue competency certificates to the Islanders under the Lakshadweep Harbour Craft and Fishing Boats Rules, 1991, learned counsel submits that Director of Ports has not so far received any application for grant of such certificates and as and when such applications are received, the Director will ensure that appropriate tests are held and certificates are issued to competent candidates, as provided under Rule 18 of the Rules. 5. It is further submitted by the learned counsel that six sophisticated boats have already been received by the Administration under the Scheme and they have been put into operation subject to further orders of this Court. Another consignment of six more interceptor boats and twelve rigid inflatable boats are yet to be obtained. When these boats are also made available, the Administration has to necessarily deploy skilled/semi skilled personnel to operate them. Learned counsel submits that the proposed recruitment is in strict conformity with the Rules and Regulations. OPCAT 1122/2011 4 6. However, it is pointed out by the learned counsel for the petitioner that going by Annexure-A9 circular, the appointment is stated to be for a period of one year. But in the appointment order, the deputationists are granted three years' time to acquire the necessary certificate. According to the learned counsel, this stipulation speaks for itself. Yet again, we refrain from dealing with this contention at this stage, in view of the order that we propose to pass. 7. When this original petition came up for admission on March 22, 2011, we had passed an order of interim stay of all further proceedings pursuant to Annexure-A9 circular. The stay order is still in force. 8. Having heard learned counsel for the parties and having perused the entire materials available on record and also having due regard to the coastal security of the Islands, we are satisfied that the interim order passed by us has to be modified. 9. Therefore, it is made clear that the Administration will be at liberty to appoint necessary personnel for the time being in terms of Annexure-A9 circular. But, these appointments shall be provisional and for an outer limit of one year or for such tenure OPCAT 1122/2011 5 as may be decided by the Tribunal. 10. Petitioner shall implead the Director of Ports and such other authorities necessary for a proper adjudication of the case. The Administration shall see that appropriate orders are issued to the authorities concerned to ensure that competency certificates are granted to the Islanders, who qualify in the tests under the Lakshadweep Harbour Craft and Fishing Boats Rules, 1991 to be held without any further delay. The original petition is disposed of in the above terms. (A.K.Basheer, Judge) (P.Q.Barkath Ali, Judge) tkv