IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22757 of 2011(T) -------------------------------------- PETITIONER(S): ---------------------- 1. ARUNKUMAR. E.V, AGED 23 YEARS, S/O.E.V. KUNHIRAMAN, 'EASWAR VIHAR', ONAPPARAMBA, KARANTHAT. P.O, VIA RAMANTHALI, KANNUR DISTRICT. 2. SUJISH K. SOMAN, S/O.K. SOMAN, AGED 25 YEARS, NAMBALATE, KANIPAYOOR P.O., KUNNAMKULAM, THRISSUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): ------------------------ 1. CALICUT UNIVERSITY, REPRESENTED 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 - 695 001. 5. PRINCIPAL, VIDYA ACADEMY OF SCIENCE AND TECHNOLOGY, THALAKKOTUKKARA, THRISSUR - 676 101. R1 TO R3 BY ADV. MR.SANTHOSH MATHEW, SC, CALICUT UTY. R4 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22757 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER BEARING NO.G.O.(MS) 43/2009/H.EDN. DATED 27/05/2009 PASSED BY THE 4TH RESPONDENT. EXT.P2: COPY OF THE CERTIFICATE DATED 28/02/2010 ISSUED TO 1ST PETITIONER BY N.S.S. EVIDENCING THAT THE PETITIONERS ARE N.S.S. VOLUNTEERS. EXT.P2(a): COPY OF THE CERTIFICATE DATED 14/02/2009 ISSUED TO 2ND PETITIONER BY N.S.S. EVIDENCING THAT THE PETITIONERS ARE N.S.S. VOLUNTEERS. EXT.P3: COPY OF THE ORDER DATED 13/10/2010 PASSED BY 1ST RESPONDENT UNIVERSITY. EXT.P4: COPY OF THE ORDER OF KANNUR UNIVERSITY BEARING NO.DSS/A1/GENERAL/2009 DATED 22/01/2011. EXT.P5: COPY OF THE REPRESENTATION ON 01/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT UNIVERSITY. EXT.P6: COPY OF THE LETTER DATED 26/04/2011 ISSUED BY THE UNIVERSITY. EXT.P7: COPY OF THE REPRESENTATION DATED 27/07/2011 SUBMITTED BY THE 1ST PETITIONER. EXT.P7(a): COPY OF THE POSTAL ACKNOWLEDGMENT CARD RECEIVED ON 29/07/2011. EXT.P8: COPY OF THE REPRESENTATION DATED 27/07/2011 SUBMITTED BY THE 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 22757 OF 2011 ----------------------------------------------------- Dated this the 22nd day of August , 2011 J U D G M E N T Petitioners are the students of the College, of which 5th respondent is the Principal. The College is affiliated to the first respondent, University. They have completed the B.Tech course during the academic year 2008-2009. 2. What the petitioners claim in this writ petition is the benefit under Ext.P1 Government Order which has been adopted by the University as per Ext.P3 for the academic year 2009-2010. It is stated that the Government order having been issued during the academic year 2008-2009, the University ought to have adopted the order in that academic year itself. 3. Ext.P1 order was issued by the Government on 27.5.2009 at the fag end of the academic year 2008-2009. This order provides for awarding of grace marks to the volunteers of National Service Scheme. The order by W.P.(C) No. 22757 OF 2011 :2 : itself does not bind any University. On the other hand, the University should adopt the order to make it binding on them. Accordingly, the University adopted Ext.P1 and passed Ext.P3 order on 13.10.2010 deciding to implement the above said order for the academic year 2009-2010. 4. As far as the claim of the petitioner that the University ought to have adopted Ext.P1 with effect from 2008-2009 itself is concerned, I am unable to accept the contention because the order does not bind the University in any manner unless it is adopted and until it is adopted, none has any vested right for the benefit of the order. Since the order was passed at the fag end of the year 2009- 2010, it was rightly adopted by the University for the succeeding academic year of 2009-2010. In the circumstances the petitioner cannot claim any vested right on the basis that the University ought to have adopted the Government Order for the academic year 2008-2009. Thus the writ petition fails and the same is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge