IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31149 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. KERALA STATE MUSLIM STUDENT FEDERATION, MANNARKAD CONSTITUENCY COMMITTEE, GREEN HOUSE, MANNARKAD P.O., PALAKKAD REPRESENTED BY ITS PRESIDENT N.RIYASUDHEEN, NALAKATH PALLIKURUP P.O., PALAKKAD. 2. K.NASUMUDHEEN, KALTHIL HOUSE, MANNARKAD P.O., PALAKKAD. 3. C.MOHINUDEEN, CHOOLAKAL HOUSE, MANNARKAD P.O., PALAKKAD. BY ADV. MR.P.V.JAYACHANDRAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KSRTC BHAVAN, THIRUVANANTHAPURAM. 3. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD. BY SR. GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR ADV. MR. JOHNSON P. JOHN, SC KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009 ALONG WITH WPC NO. 31136 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ........................................................... W.P(C) Nos.31136 & 31149 of 2009 ........................................................... Dated this the 3rd day of November, 2009 J U D G M E N T In these two writ petitions, petitioners are challenging orders issued by the KSRTC, whereby certain conditions have been imposed for the purpose of granting students' concession in bus charges for students. One of the conditions therein is that students' concession would not be available in Town to Town / Limited Stop ordinary buses. According to the petitioners, in so far as, the Motor Vehicles Act does not provide for Town to Town/ Limited Stop ordinary services, the KSRTC cannot prescribe such conditions for students' concession. 2. I have heard the Standing Counsel for the KSRTC also. 3. Admittedly, the Motor Vehicles Act does not provide for students' concession. Students' concession is given by the KSRTC as per circulars and orders issued by the Corporation. When they prescribe certain conditions for granting such concession, the recipient of that concession cannot challenge the conditions with reference to the Motor Vehicles Act in so far as the Motor Vehicles Act does not provide for students' concession. Petitioners have to avail of students' concession in accordance with orders by which W.P(C) Nos.31136 & 31149 of 2009 -2- students' concession has been granted in so far as their right for students' concession arises only from those orders. They have to avail of the concession with the conditions and they cannot challenge the conditions prescribed for availing of the concession. Therefore, I do not find any merit in these writ petitions and accordingly these writ petitions are dismissed. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge