IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 22983 of 2009(S) -------------------------------- PETITIONER: -------------- A.MISBAH, SOCIAL WORKER, RESIDENT OF 5TH BLOCK, KAVARATTI-682 555. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. 3. ADMINISTRATIVE OFFICER, DIRECTORATE OF INFORMATION, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. 4. CHIEF ENGINEER AND ADMINISTRATOR, ANDAMAN LAKSHADWEEP HARBOUR WORKS, PB NO.161, PORT BLAIR, ANDAMAN & NICOBAR ISLANDS, PIN-744 101. R1 BY SRI.T.P.M.IBRAHIM KHAN, ASST.SOLICITOR GENERAL R2, R3 & R4 BY SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.P.(C) No.22983 of 2009 ------------------------------------------ Dated this the 23rd day of July, 2010 JUDGMENT J.Chelameswar, C.J. This writ petition is filed with the prayers as follows: “(i) To call for the records relating to Exts.P-1 to P- 6 and to issue a writ of mandamus commanding the Respondents to fill up the posts of Junior Engineers as stated in Ext.P-4 from the Islanders, i.e. from Lakshadweep applicants in respect of the posts in the Harbors of Lakshadweep and also not to effect any appointment from persons other than Lakshadweep Islanders; (ii) To issue any writ, order or direction directing the Respondents to consider Exts.P5 and P6 representations and not to make any appointment to the post notified as per Ext.P-4 till Ext.P-1 Circular is implemented; (iii) To issue a writ of mandamus commanding the 5th Respondent to implement Ext.P-1 Circular and also Ext.P-2 in respect of Class III and Class IV employment by appointing locals; (iv) To cancel Ext.P-7 notification and to direct the Respondents to conduct fresh interview after conducting WP(C) No.22983 of 2009 - 2 - written test from among islanders, depending on the number of vacancies in each Island; v) Any other appropriate writ, order or direction also may be granted to meet out justice under the circumstances of the above case.” 2. The writ petitioner is not a candidate seeking employment in any one of the posts recruitment of which is sought to be disputed in the writ petition. On the other hand, he makes a categoric statement that “He is entitled to approach this Honourable Court for redressal of public grievances, suffered by the Islanders and accordingly he is filing this Writ Petition”. 3. It is settled law that no public interest litigation is maintainable in the matter of employment under the State (Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra, (1998) 7 SCC 273). In the circumstances, we are of the opinion that the writ petition is not maintainable. We may also state that having moved such a writ petition, the learned counsel for the petitioner does not choose to appear in the Court when the matter was WP(C) No.22983 of 2009 - 3 - called. Looked at from any angle, we do not see any reason to continue with the writ petition. It is therefore dismissed. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns