IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34136 of 2011(S) ----------------------------------- PETITIONER(S): --------------------- GIREESH BABU G., AGED 35 YEARS, S/O.P.K.GOPALAKRISHNAN, PUNNAKKADAN HOUSE, KUSAT P.O., PIN-682022. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENT(S): ----------------------- 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 3. UNION PUBLIC SERVICE COMMISSION, NEW DELHI-110069, REP. BY SECRETARY. 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695001. WP(C).No. 34136 of 2011(S) 5. MR.D.MADHU, COMMANDANT, RAPID RESCUE RESPONSE FORCE, PANDIKADU, MALAPPURAM, PIN-676505. 6. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B, 6TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003. 7. DIRECTOR GENERAL, NATIONAL INVESTIGATION AGENCY, 4TH FLOOR, SPENDOR FORUM, DISTRICT CENTRE, JASOLA, NEW DELHI-110025. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC UPSC SMT.S.CHITHRA SMT.D.P.RENU,CGC, FOR R1 GOVT.PLEADERE SRI.GURUJI GOPAL FOR R2 AND R4 SRI.R.CHANDRASEKHARA PILLAI FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34136 of 2011(S) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF THE ORDER NO.G.O.(RT)NO.2393/2010/HOME DATED 23/7/2010. EXT.P2 TRUE COPY OF THE REPORT FILED IN CRIME NO.237/10 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKANCHERY. EXT.P3 TRUE COPY OF THE REPORT FILED IN CRIME NO.238/10 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKANCHERY. EXT.P4 TRUE COPY OF THE ORDER NO.G.O.(RT)NO.213/2011/HOME DATED 24/1/2011. //TRUE COPY// PS TO JUDGE MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 34136 of 2011 ---------------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Petitioner herein has approached this Court in a public interest litigation trying to scuttle the selection of certain Police officers to confer with IPS. According to him, the 5th respondent, who is presently working as Superintendent of Police, a non IPS officer in Kerala Police, is likely to be conferred with IPS, but he is ineligible for the same on account of several departmental enquiries and criminal charges pending against him, as contended in paragraph 7 of the Writ Petition. According to him, the concerned authorities may not look into these aspects before proceeding with the case of conferring IPS. Therefore, the present public interest litigation is filed. In order to consider the reliefs sought by the petitioner, one has to see what exactly is the nature of lis challenged before us. We take judicial notice of the fact that exercise of conferring IPS WP(C).34136/11 2 is done by a team consisting of high level officials from Police Department and also Home Department, apart from approval from UPSC. In that view of the matter, if such process in relation to the 5th respondent is taken up, definitely all the confidential and personal records of the 5th respondent will be subject of scrutiny before the authority concerned. Therefore, we are of the opinion, public interest litigation pertaining to service matters cannot be entertained and we find no such cause, which would affect the public as such. We also rely upon a decision of the Apex Court in Hari Bansh Lal v. Sahodar Prasad Mahto and others {(2010) 9 SCC 655}. In the said decision, Their Lordship have clearly indicated that in a public interest litigation there is no scope for considering service matters, except by way of writ of quo warranto for which appointment must be shown to be contrary to statutory provisions. While considering the exclusion of judicial review in policy matters, Their Lordship said, in a public interest litigation, such lis cannot be considered and decided and it can be only through a different process in a different forum. WP(C).34136/11 3 With the above observation, we proceed to hold that the present Writ Petition is not maintainable and accordingly the Writ Petition is dismissed. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs