IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 23210 of 2004(K) -------------------------- PETITIONER: --------------- ANILKUMAR. M., S/O. T.P. MOHANAN, AGED 27 YEARS, PUNNAMOTTIL HOUSE, NEHRUTROPHY WARD, AVALUKUNNU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.A.J.VARGHESE SRI.JOSE THENGATHARA RESPONDENTS: -------------------- 1. DISTRICT EMPLOYMENT EXCHANGE OFFICER, ALAPPUZHA DISTRICT, KAITCHOONDIMUKKU, ALAPPUZHA. 2. INSPECTOR GENERAL OF POLICE, L.G. OFFICE, THIRUVANANTHAPURAM. 3. DISTRICT SUPERINTENDENT OF POLICE, S.P. OFFICE, ALAPPUZHA. 4. MOHAMMED SHERIFF, DISTRICT EMPLOYMENT EXCHANGE OFFICER, ALAPPUZHA (NOW EMPLOYMENT EXCHANGE OFFICER, KATTAPPANA EMPLOYMENT EXCHANGE OFFICE, KATTAPPANA, IDUKKI DISTRICT. 5. SHIBUMON, ALANTHARAYIL, THOTTUVATHALA P.O., KAINAKARY, ALAPPUZHA DISTRICT. 6. SUDHEER, CHOOLACKKAL, KUTTAMANGALAM P.O. KAINAKARY, ALAPPUZHA DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SMT. K.T. LILLY. R5 & R6 BY ADV. SRI.P.SIVARAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23210 of 2004(K) APPENDIX PETITIONER'S EXHIBITS: P1: EMPLOYMENT REGISTRATION CERTIFICATE OF THE PETITIONER. P2: PHOTOCOPY OF THE CERTIFICATE CUM LICENCE OF BOAT DRIVER DATED 10.7.1998. P3: PHOTOCOPY OF THE ADVERTISEMENT IN MATHRUBHOOMI DAILY DATED 28.8.2001. P4: PHOTOCOPY OF THE EXPERIENCE CERTIFICATE DATED 2.8.2003 ISSUED BY THE DIRECTOR OF AISWARYA MARINE (P) LTD. P5: PHOTOCOPY OF THE CERTIFICATE DATED 12.9.2003 ISSUED BY THE DIRECTOR, AISWARYA MARINE (P) LTD. P6: PHOTOCOPY OF THE LETTER DATED 12.9.2003 ISSUED BY THE DISTRICT EMPLOYMENT EXCHANGE OFFICER. P7: PHOTOCOPY OF THE LETTER ISSUED BY THE DIRECTOR, AISWARYA MARINE (P) LTD. P8: PHOTOCOPY OF THE ADVERTISEMENT IN MATHRUBHOOMI DAILY DATED 2.7.2004. RESPONDENTS' EXHIBITS: R6(A): TRUE COPY OF EXPERIENCE CERTIFICATE DATED 5.9.03 ISSUED TO THE 6TH RESPONDENT. R6(B): TRUE COPY OF EXPERIENCE CERTIFICATE DATED 10.7.02 ISSUED TO THE 5TH RESPONDENT. R6(C): TRUE COPY OF THE CERTIFICATE OF COMPETENCY ISSUED TO 6TH RESPONDENT DATED 10.7.98. R6(D): TRUE COPY OF THE CERTIFICATE OF COMPETENCY ISSUED TO THE 5TH RESPONDENT DATED 14.1.98. TRUE COPY PA TO JUDGE Scl. A.M. SHAFFIQUE, J. ---------------------------------------------------- W.P.(C). No. 23210 of 2004 ----------------------------------------------------- Dated this the 9th day of December, 2011. J U D G M E N T Petitioner is a boat driver who approached the Employment Exchange for sponsoring his name to the Police Department as boat drivers were selected by Police only from the candidates who are sponsored by Employment Exchange. This writ petition is filed on the allegation that the first respondent is deliberately not sponsoring the name of the petitioner, though he is experienced and for a direction to the first respondent to include his name in the sponsorship of the employment exchange for future selection or for any existing vacancy. 2. The first respondent filed counter affidavit in which it is inter alia stated as follows: “The petitioner again reported to this office on 6.7.2004 with an experience certificate including all the necessary details, dated 30/4/2004 from the above said M/s. Aiswarya Marine Private W.P.(C). No. 23210 of 2004 2 Limited, Kochi showing the work experience from 3.3.1999 to 28.4.2004 and the certificate was also registered on that date. Therefore, he was considered and the list was ready to forward to the above said Superintendent of Police, Alappuzha. Meanwhile, the first respondent was received a stay order from this Hon'ble High Court dated 9.8.2004. Therefore the respondents were not in a position to sent the list to the employer.” 3. In view of the above statement, it is needless to say that the first respondent has agreed to sponsor the name of the petitioner to the third respondent. Hence this writ petition is allowed directing the 1st respondent to sponsor the name of the petitioner for any vacancy of Boat Driver that may arise in future or in any existing vacancy. A.M. SHAFFIQUE, J. Scl.