IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 12985 of 2011(W) ------------------------------------------ PETITIONER(S): ------------------------ A.ANIL KUMAR, FARM ASSISTANT (VETY) SENIOR GRADE, COLLEGE OF AGRICULTURE, VELLAYANI. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------------------- 1. KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS, POOKOT, WAYANAD - 673 592. 2. REGISTRAR, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, MANNUTHY, VELLANIKKARA, THRISSUR - 688 001. 3. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR - 688 001. 4. DEAN, COLLEGE OF AGRICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLAYANI - 695 522. R1 & R2 BY ADV. SRI.MILLU DANDAPANI R3 & R4 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRICULTURAL UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.12985 Of 2011--w ----------------------------------------------------- DATED THIS THE 1st DAY OF JUNE, 2011 J U D G M E N T The petitioner herein is aggrieved by the non-acceptance of the revocation of option submitted by him for joining the Kerala Veterinary and Animal Sciences University while he was working in the Kerala Agricultural University. 2. This is a case where the petitioner has been continuing as Farm Assistant(Senior Grade) in the College of Agriculture, Vellayani. After the Kerala Veterinary and Animal Sciences University was formed, options were invited from employees of the Kerala Agricultural University who are willing to join the Kerala Veterinary University. The circular issued in this regard has been produced as Exhibit P1. The last date for submission of option was 9.2.2011. The petitioner submitted an option to join the Veterinary University, which was forwarded by the Dean of the College of Agriculture, Vellayani as per Exhibit P2 to the Registrar of the Agricultural University. The petitioner, later by Exhibit P3, submitted revocation of the option, which is dated 30.3.2011. The same was also forwarded by the Dean of the College of W.P.(C)No.12985/11 -2- Agriculture, Vellayani by Exhibit P4 communication dated 31.3.2011 to the Registrar of the Agricultural University. It appears that the Veterinary University accepted the option of the petitioner and requested the Agricultural University to update the records of the petitioner. The Dean of the College of Agricultural University again sent a reminder to the Registrar of the Agricultural University by Exhibit P6 about the representation submitted by the petitioner revoking the option. The petitioner also submitted a representation as per Exhibit P7. Apprehending steps to relieve the petitioner from service of the Agricultural University, the petitioner approached this Court seeking various reliefs. 3. A statement has been filed by the Agricultural University explaining various steps taken to forward the option received from the employees of the Agricultural University to the Veterinary University. It is explained in paragraph No.3 that as per letter dated 14.2.2011, the list of employees who have opted for Kerala Veterinary and Animal Sciences University was sent to the Registrar of the said University. It is also stated that there was no date specified for revocation, since only those employees who are willing were directed to give options. It is also stated W.P.(C)No.12985/11 -3- that the last date for submission of option was on 9.2.2011 and the list of employees opted the Kerala Veterinary and Animal Sciences University was handed over to the Registrar of the said University on 14.2.2011. 4. It is seen from the averments in the statement that the petitioner was relieved on 9.5.2011 as evident from Exhibit R3(b). 5. The learned counsel for the petitioner submitted that revocation of the option submitted by the petitioner was before the acceptance of the option itself and therefore there is no legal impediment in accepting the revocation. It is submitted that the legal position is well settled in the decision of the Apex Court in Bank of India v. O.P.Swarnakar (2003(2) SCC 721). 6. The learned Senior Counsel appearing for the Kerala Veterinary and Animal Sciences University submitted that the said University has no objection in the Agricultural University considering the request of the petitioner to revoke the option submitted by him. 7. Evidently, revocation of option was submitted by the petitioner on 30.3.2011 as per Exhibit P3 which was forwarded by the Dean of the University to the Registrar of the Agricultural University as per Exhibit P4 dated 31.3.2011. Therefore, there W.P.(C)No.12985/11 -4- was valid revocation of the option submitted by the petitioner. The absence of any provision for submitting revocation is immaterial. In that view of the matter, there is no legal impediment in accepting the revocation of the option and allow his continuance in the Agricultural University. The stand taken by the Veterinary University also is that they have no objection in the Agricultural University considering the revocation of option submitted by the petitioner. 8. The petitioner has already been relieved from the services of the Agricultural University. Therefore, a fresh decision will have to be taken by the Agricultural University in the light of the finding rendered above, even though he was relieved. Appropriate decision will be taken within a period of two weeks from today. The Writ Petition is accordingly disposed of. Sd/-T.R.RAMACHANDRAN NAIR, JUDGE. dsn