IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19180 of 2008(S) -------------------------------------- PETITIONER: ------------------- NATIONAL ADIVASI FEDERATION (REG. NO. ER-354/2003), REPRESENTED BY ITS GENERL SECRETARY, MOHANAN TRIVENI, VENKATT CHIRAKKAL, PALLURUTHY.P.O, KOCHI - 682 006. BY ADV. SMT.N.SANTHA SRI.K.A.BALAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT, TTHIRUVANANTHAPURAM, PIN-695 001. 2. KERALA INSTITUTE FOR RESEARCH, TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADS), REPRESENTED BY ITS DIRECTOR, CHEVAYYUR.P.O, KOZHIKODE, PIN 673017. 3. SCRUTINY COMMITTEE FOR VERIFICATION OF SCHEDULED CASTES AND SCHEDULED TRIBES CLAIMS, REPRESENTED BY ITS CHAIRMAN, THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, P.O. THIRUVANANTHAPURAM, PIN-695 004. W.P.(C) NO.19180 OF 2008 - 2 - 5. E.K. PRAKASH, ADDITIONAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, NOW WORKING AS DIRECTOR OF TREASURIES, DIRECTORATE OF TREASURIES, POWER HOUSE ROAD, EAST FORT, THIRUVANANTHAPURAM, PIN-695 036. R1 TO R3 BY SPECIAL GOVERNMENT PLEADER SRI.C.T.RAVIKUMAR R4 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.19180 of 2008-S ------------------------------------------ Dated, this the 25th day of June, 2008 JUDGMENT H.L.Dattu, C.J. The petitioner is a Federation registered under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. 2. The primary allegation made by the petitioner in this writ petition is that the 5th respondent though belongs to a Scheduled Caste community, had obtained false certificate and in that had claimed that he is a Scheduled Tribe candidate and therefore, entitled for appointment and for further promotions. Therefore, certain requests are made in this writ petition to annul the appointment of the 5th respondent. 3. In our opinion, this writ petition filed under Article 226 of the Constitution cannot be entertained as a public interest litigation. If for any reason, the 5th respondent by obtaining a false caste certificate and by producing that certificate secured any appointment, the petitioner would be well advised to go before the appropriate Committee constituted by the State Government. Apart from this, time and again the apex Court has observed that in service matters High Court will not entertain public interest litigations. Law on this point is clarified by the apex Court in the W.P.(C) No.19180 of 2008 2 case of Kushum Lata v. Union of India and others, (2006) 6 SCC 180. 4. However, learned counsel appearing for the petitioner has brought to our notice the observations made by the apex Court in Nair Service Society v. District Officer, Kerala Public Service Commission (2003 (3) KLT 1126), Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others, (1994) 6 SCC 241 and Additional General Manager, Human Resource, BHEL Ltd. v. Suresh Ramakrishna Burde, AIR 2007 SC 2048. In our opinion, none of these decisions on which reliance has been placed by the learned counsel for the petitioner has any relevance in the subject matter. In that view of the matter, the writ petition requires to be rejected and it is rejected, since it does not have any iota of public interest. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns