IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WA.No. 1897 of 2011 ------------------------ AGAINST JUDGMENT IN WPC 22757/2011 DATED 22.8.2011 ................. APPELLANT/PETITIONER NO.1: ---------------------------------- ARUNKUMAR.E.V., AGED 23 YEARS, S/O E.V.KUNHIRAMAN, 'EASWAR VIHAR', ONAPPARAMBA, KARANTHAT P.O., VIA RAMANTHALI, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. CALICUT UNIVERSITY REP. BY ITS REGISTRAR, CALICUT, PIN-673 635. 2. REGISTRAR, CALICUT UNIVERSITY, CALICUT, PIN-673 635. 3. CONTROLLER OF EXAMINATION, CALICUT UNIVERSITY, CALICUT, PIN-673 635. 4. SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM PIN-695 001. 5. PRINCIPAL, VIDYA ACADEMY OF SCIENCE AND TECHNOLOGY, THALAKKOTUKKARA, THRISSUR, PIN-676 101. R1 TO R3 BY ADV. SRI.SANTHOSH MATHEW R4 BY SENIOR GOVT. PLEADER, SMT. K. MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1897 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2011 JUDGMENT Ramachandra Menon, J. The grievance projected in this appeal preferred by the writ petitioner is that Ext.P3 order passed by the University, while providing for Grace Marks, restricting the benefit to be given only with effect from the academic year 2009-10 is not correct or proper and they seek to have it applied with effect from the previous academic year, i.e., 2008-09; Ext.P1 having been issued by the Government during the said academic year. 2. The learned counsel for the appellant/first petitioner submits that the decision taken by the Government was, as a matter of policy, so as to provide necessary relief to the persons like the appellant in respect of the involvement in National Service Scheme(NSS) activities; whereby grace marks are provided in support of their academic brilliance to be rated in the concerned course and events. The University, as per Ext.P3 order dated 13.10.2010, thought it fit to adopt and give effect to W.A. No. 1897 of 2011 -:2:- Ext.P1 and accordingly, a decision was taken to have the benefit extended to the deserving persons from the academic year '2009-10' onwards. The writ petitioner approached this Court challenging the course pursued by the University contending that it should have been made applicable in respect of the academic year '2008-09' itself; for the reason that the relevant Government Order was passed as early as on 27.05.2009, i.e., during the currency of the academic year 2008-09. 3. Heard the learned Standing Counsel for the University as well, who submits that the stand of the University was made clear before the learned Single Judge and there is a clear observation that the University, being an autonomous body governed by the relevant provisions of Statute, was never bound by Ext.P1 and that the University in fact adopted Ext.P1 by passing Ext.P3 order on 13.10.2010 deciding to extend the benefit only with effect from the academic year 2009-10. 4. As rightly observed by the learned Single Judge, Ext. P1 was issued by the Government, as a matter of policy, at the fag end of the academic year. Further, the University is not W.A. No. 1897 of 2011 -:3:- bound to accept or adopt Ext.P1 as it is, and it is always open for the University to have taken appropriate decision in this regard; particularly as to how and in what manner it is to be given effect to, if adopted. We find no reason to interfere with the finding and reasoning given by the learned Single Judge. The Writ Appeal fails and the same is dismissed accordingly. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb