IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17094 of 2011(J) ------------------------------------- PETITIONER(S): ------------------------ 1. MOHAMMED ABDUL SALIM, CHAKKIKULAM HOUSE, ANDROTH ISLAND - 682 551. 2. MUJEEB REHMAN, PENTAMPELLIPURA HOUSE, ANDROTH ISLAND - 682 551. 3. MOHAMMED SABAH U.P., UMMATHBEEYAPURA, ANDROTH ISLAND - 682 551. 4. MOHAMMED HUSSAIN K.I., KALLILLAM HOUSE, CHETHALATH ISLAND - 682 55 5. ALI AKBAR T.P., THEKKALAPURA HOUSE, KADMATH ISLAND - 682 556. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): -------------------------- 1. THE ADMINISTRATOR, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, KAVARATTI - 682 555. 2. THE DIRECTORATE OF PORT SHIPPING & AVIATION, LAKSHADWEEP ADMINISTRATION, KAVARATTI - 682 555, REP. BY ITS DIRECTOR. 3. LAKSHADWEEP DEVELOPMENT CORPORATION LTD. 27/1038 B, PANAMPILLY NAGAR, KOCHI - 682036 REP. BY ITS GENERAL MANAGER. ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.17094/2011 APPENDIX PETITIONER'S EXHIBITS P1:- LETTER ISSUED TO THE SHIPPING CORPORATION OF INDIA LTD., BY THE RESPONDENT ON 18.8.97. P2:- COPY OF THE NOTICE F. NO.2/2011-PORT (T) DTD. 18.3.2011 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE LIST OF SEAFARERS PUBLISHED BY THE 2ND RESPONDENT ALONG WITH COVERING LETTER DTD. 4.6.2011 TO THE 3RD RESPONDENT. P4:- COPY OF THE TENDER DOCUMENT NO.S/BAN & VIR/MGMT/2011 DTD. 18.6.2011 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE TENDER DOCUMENT NO.S/CB/MGMT/2011 DTD. 18.6.2011 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE ABOVE SAID AGREEMENT DTD. 8.3.2011. R1(b):- COPY OF THE RELEVANT EXTRACT OF THE CONDITIONS OF RECRUITMENT OF OFFICERS BY MANNING AGENTS. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NO. 17094 OF 2011 (J) ===================== Dated this the 6th day of July, 2011 J U D G M E N T Petitioners are natives of Lakshadweep islands. In this writ petition, they seek to quash Exts.P4 and P5 tender procedure initiated by the 3rd respondent and also seek a direction requiring the respondents to effect appointments into the vacancies listed in Exts.P4 and P5 tender notices, from among those included in Ext.P3 list of seafarers. 2. According to the petitioners, pursuant to Ext.P1, when a policy decision was taken by the administration to entrust manning of the vessels to the Lakshadweep Development Corporation Limited, Ext.R1(c) resolution was passed by the Lakshadweep Development Corporation Ltd., (LDCL for short) to provide priority to qualified islanders for employment on board U.T.L vessels. It is stated that, accordingly Ext.P2 notice was published, and after selection, Ext.P3 list of qualified seafarers was published. 3. It is stated that, subsequently when Exts.P4 and P5 tender notices were issued, the tender notices did not contain the WPC No. 17094/11 :2 : obligation as reflected in Ext.R1(c) resolution of the Lakshadweep Development Corporation Ltd. It is in these circumstances, the writ petition has been filed seeking the aforesaid prayers. 4. Counter affidavit has been filed by respondents 1 to 3. Ext.R1(c) is the resolution of the Lakshadweep Development Corporation Ltd., passed on 17/12/2010 by which it was resolved to give priority for employment to qualified islanders. This resolution reads as under:- d) In order to ensure that priority for employment on board U.T.L. vessels is given to qualified islanders, it was decided that Department (Port, Shipping and Aviation) shall advertise all the posts in the Lakshadweep Times, shortlist the candidates and forward a final list to LDCL. The manning contractors shall recruit based only on this list. (emphasis supplied) 5. Based on the said resolution, Ext.P2 notice was issued on 18th of March, 2011, inviting applications from qualified seafarers for engagement in the vessels on the availability of vacancies. Accordingly, from among those who responded to the said notification, a list of 46 local seafarers was prepared. The said list was forwarded by the 2nd respondent to the 3rd respondent under cover of Ext.P3 letter of 4th of June, 2011. This WPC No. 17094/11 :3 : letter specifically requests the 3rd respondent to engage those included in the list based on the requirement. It is also requested to ensure that no officers from outside may be preferred, for which island candidates are available. Evidently therefore, what is indicated in Ext.P3 letter is to give only preference for employment to those who are included in Ext.P3 list. It was subsequent to the receipt of Ext.P3 that the 3rd respondent issued Exts.P4 and P5 tender notices. In Ext.P4 tender, in so far as the priority which is to be provided for the seafarers from the island is concerned, the following provision is incorporated. Priority for officers belonging to Lakshadweep Lakshadweep is designated as “REMOTE AREA” and employment opportunities are limited. Government of India has notified islanders as Scheduled Tribes. Corporation is committed to promote employment to the islanders in the shipping sector. The manning agency is required to employ competent officers belonging to the Lakshadweep on priority basis and whenever vacancy in any category arises. The manning agency is duty bound to comply with any instructions from the Corporation in this regard. (emphasis supplied) WPC No. 17094/11 :4 : Ext.P5 also contains a similar provision. 6. A reading of the above provision in the tender notices show that the manning agency is required to employ competent officers included in Ext.P3 on priority basis whenever any vacancy in any category arises. Therefore, according to the respondents, in view of the above, there is no dilution of the resolution of the 3rd respondent and that the priority which was decided to be given, is ensured in the tender notices, to be given to the seafarers included in Ext.P3 list. 7. As already seen, the grievance of the petitioners is that, by virtue of the provisions contained in Exts.P4 and P5 tender notices, the right to get employment created as a result of Ext.R1(c) resolution is diluted. A reading of Ext.R1(c) resolution indicates that the very purpose of passing the said resolution was to ensure that priority for employment on board U.T.L. vessels is given to qualified seafarers from among the islanders. Letter dated 4th of June, 2011, by which Ext.P3 list was forwarded to the 3rd respondent also shows that the request made was to ensure that no officers from outside are preferred when candidates from the island are available. WPC No. 17094/11 :5 : 8. The conditions of the tender notices also provides for such preference. Therefore, what is allowed to be given to the qualified seafarers from Lakshadweep island is preference in the matter of employment on board U.T.L vessels and such preference, to my understanding, is not to be given to the exclusion of other candidates nor does it require the 3rd respondent or the manning contractor to compromise efficiency of seafarers as and when recruitment is made. In that view of the matter, I do not find anything objectionable in Exts.P4 and P5 nor am I prepared to hold that the terms of Exts.P4 and P5 has in any manner altered Ext.R1(c) resolution. In the result, I dispose of this writ petition directing that respondents 1 to 3 shall ensure that preference as provided in Exts.R1(c), P4 and P5 is given to the qualified seafarers from Lakshadweep island, who are included in Ext.P3 list, as and when recruitment is made by the manning contractor. ANTONY DOMINIC, JUDGE Rp