ARUNKUMAR E V Vs. CALICUT UNIVERSITY

JUDGEMENT

(1.) 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 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.