IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 36125 of 2007(A) ------------------------------------- PETITIONER: ------------------ DR. P.B.GIRIDAS, VETERINARY SURGEON, SPECIAL LIVE BREEDING POLICY(S.L.B.P), MULLASSERY, TRICHUR DISTRICT, RESIDING AT KOUTHUBHAM, ELTHURUTHU P.O., TRICHUR-680611. BY ADV. SRI.E.P.GOVINDAN RESPONDENTS: ---------------------- 1. THE KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR, REPRESENTED BY THE REGISTRAR. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, ANIMAL HUSBANDARY DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DISTRICT ANIMAL HUSBANDARY OFFICER, CIVIL STATION, TRICHUR. 4. DR. A.AYUB, S/O ABDUL KHADER, V.P.HOUSE, PATHAPPIRIYAM, EDAVANNA, MALAPPURAM DISTRICT. R4 BY ADV. SRI.K.P.MUJEEB ADV. SRI.RENJITH THAMPAN,SC,KERALA AGRL.UTY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 36125/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE FORWARDING LETTER DT. 1/08/07 BY THE R3. EXT.P2. COPY OF THE LIST PUBLISHED BY THE R1. EXT.P3. COPY OF THE RECEIPT ISSUED BY THE UNIVERSITY. EXT.P4. COPY OF THE LETTER DT. 20/5/2005 BY THE R2. EXT.P5. COPY OF THE ORDER DT. 18/11/2004 BY THE R2. EXT.P6. COPY OF THE ORDER DT. 10/10/07 BY THE R2. EXT.P7. COPY OF THE RECOMMENDATION LETTER OF THE HEAD OF DEPARTMENT OF LIVESTOCK PRODUCTION MANAGEMENT TO THE REGISTRAR. EXT.P8. COPY OF THE LETTER DT. 19/11/2007 TO THE R1. EXT.P9. COPY OF THE LETTER DT. 28/11/2007 TO THE R1. EXT.P10. COPY OF THE ORDER DT. 29/09/04 BY THE ADMINISTRATOR, GURUVAYUR DEVASAWOM. EXT.P11. COPY OF THE LETTER DT. 23/11/2007 BY THE PETITIONER TO THE R2. EXT.P12. COPY OF THE SELECTION LIST PUBLISHED BY THE R2 UTY. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. --------------------------------------- W.P.(C).No.36125 of 2007 --------------------------------------- Dated this the 30th day of January, 2008. JUDGMENT The Kerala Agricultural University, the first respondent herein, invited applications for the Master's Degree in Veterinary Science for the year 2007. As per the Post Graduate prospectus, 4 seats are reserved for PG programme for Veterinary Surgeons deputed by Government of Kerala (clause 5.5). Such persons covered by Clause 5.5 are exempted from appearing in the entrance examination, but they will have to be deputed by the Government. As per the existing orders, the period of deputation of Veterinary Officers for higher studies, shall be treated as duty for all purposes and they have to be paid salary during the period. Though in the year 2005 the petitioner made a request for deputation, it was rejected because Government was not prepared to bear the liability at that point of time. For the year 2007, the petitioner was included as 1st in the waiting list of candidates, eligible for admission to Post Graduate course, as drawn up by the University. Petitioner could have applied in the open W.P.(C).NO.36125/07 :: 2 :: category, but he did not choose to do so. Therefore, he did not participate in the entrance examination as well. Though he made an application through the District Animal Husbandry Officer to the Government, for being deputed for the course, admittedly, the Government has not passed orders deputing him for the course as such. It is, in these circumstances, the petitioner has approached this court with this writ petition. 2. Counter affidavit has been filed by the Government and a statement has been filed by the University. 3. Learned counsel for the petitioner submits that persons, who have joined the course in the first respondent college, were not deputed by the Government in the first instance and they were admitted to the course without any orders of deputation. 4. Learned standing counsel for the first respondent submits that there are only 4 seats which are allotted to departmental candidates on deputation. As a matter of fact, there are 4 persons, who have been deputed by the Government in accordance with the Rules governing W.P.(C).NO.36125/07 :: 3 :: the same. One of the persons viz., Mr.Thankachan has also been deputed. But this was after the Vice Chancellor, Head of the Institution, had permitted him to join the course. He produced an order of deputation by the end of the 1st semester. Further extension is not possible, counsel submits. 5. Be that as it may, insofar as the petitioner is concerned, admittedly he has not, so far, been deputed by the Government. The first semester is over. More importantly, there are only 4 seats available four departmental candidates and there are 4 persons who are now prosecuting the course after being deputed by the Government in that behalf. Since the deputation period is treated as duty, it is up to the Government to decide whether the candidate should be deputed or not. As stated in the counter affidavit filed by the Government, deputation is made in the order of seniority. All four persons, who have now been deputed, are seniors to the petitioner in the department and at any rate, there is no challenge against their deputation as such. W.P.(C).NO.36125/07 :: 4 :: 6. In the circumstances, I do not find any reason to issue any direction to the University to admit the petitioner or to the Government to consider the question of sending the petitioner on deputation. This is especially because, there are only 4 seats for departmental candidates and all the four seats have been filled up. Writ petition is bereft of merit and the same is, therefore, dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy//