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TMI Blog2014 (11) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... verned by the rules and regulations thereof. They even otherwise have no right to claim that there should be no span period for completing an educational course / programme or as to what the said time period should be or whether there should be any provision of relaxation therein or not. No such right was argued by any of the counsels inspite of our specifically posing the said query. It cannot also be lost sight of that the span period is the outer limit for completing the educational course / programme and is generally found to be double the duration otherwise prescribed for the course / programme. The relaxation /exemption which is being sought is thus found to be inbuilt in the span period. The arguments thus urged, of the rule/regulation of span period being harsh, are of no avail. The counsels, inspite of our asking were unable to cite and we have also not been able to find any principle of law which mandates making a provision for relaxation of a rule. Man Singh and Andhra Pradesh Dairy Development Corporation Federation (supra), referred to in this regard on our prodding have no application. In fact the very purpose of making a rule and fixing a time limit is to govern the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013 2. LPA No. 189/2014 W.P.(C) No. 7425/2013 27th November, 2013 3. LPA No. 210/2014 W.P.(C) No. 1181/2014 20th February, 2014 4. LPA No. 211/2014 W.P.(C) No. 1179/2014 20th February, 2014 5. LPA No. 213/2014 W.P.(C) No. 949/2014 7th February, 2014 6. LPA No. 214/2014 W.P.(C) No. 946/2014 7th February, 2014 7. LPA No. 215/2014 W.P.(C) No. 1180/2014 20th February, 2014 8. LPA No. 216/2014 W.P.(C) No. 8119/2013 19th December, 2013 9. LPA No. 400/2014 W.P.(C) No. 2835/2014 6th May, 2014 10. LPA No. 401/2014 W.P.(C) No. 2065/2014 31st March, 2014 11. LPA No. 564/2014 W.P.(C) No. 5186/2014 14th August, 2014 12. LPA No. 596/2014 W.P.(C) No. 5843/2014 4th September, 2014 3. The position which emerges is as under: (a) Clause 1 of the Ordinance V of the University of Delhi made / issued in exercise of powers under Section 30 of the Delhi University Act, 1922 lists the Degrees, Diplomas and Certificates issued by the University; Clause 2 of the said Ordinance V provides that the respective courses of study for each of the Degrees, Diplomas and Certificates mentioned in Clause 1 of the said Ordinance shall be as set out in Appendix II to the Ordinances; (b) Ordinance VII of the University ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and authority made by, or with the written authority of the Vice-Chancellor; and Provided further that this two-thirds majority voting for the exemption should not be less than half the total strength of the Academic Council at the time. ; (e) the Academic Council of the University of Delhi, in exercise of powers under Ordinance X-C supra, in the meeting held on 17th February, 1975 passed the following Resolution:- ACADEMIC COUNCIL RESOLUTION NO.228 DATED 17.2.1975 228. The Council took up for consideration the cases of students involving late admissions, permission to appear at the examinations beyond the permissible span period, relaxation of requirements of attendance at lectures etc. etc. The Council was of the view that in order to have a consistent approach in such matters and to save the time of the Council spent in examining detailed circumstances of such cases, it would be desirable if all such cases before being brought on the agency of the Council were initially examined by a Standing Committee of Academic Council and only such cases are brought before the Council for consideration as were recommended by the said Standing Committee. After discussion, it was decided that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in their backlog papers of Undergraduate/Post-graduate courses with the specific recommendations of the Principals of their respective Colleges/Heads of Departments, alongwith the required documents, latest by 5th April, 2013 for consideration of the competent authority. 2. It may be noted that applications of only those students shall be processed for consideration of the competent authority in whose cases the subjects/papers have the same or similar course titles and have substantially the same course contents. Further, the cases of old students in which neither the papers with similar titles nor the course contents are found to be the same or similar shall not be processed for consideration. 3. The applications received will be scrutinized by the Examination Branch and the decision of the Examination Branch with regard to short listing of the applications for consideration by the competent authority shall be final. 4. In the case of the students who are granted special chance, their examinations shall be conducted by the University in accordance with the schedule/methods of examinations prescribed by the University in this regard. 5. The students are advised to contact the Exam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h October, 2012 in any case is prospective and cannot affect the appellants. 5. Per contra, the counsel for the respondent University of Delhi has supported the judgments of the learned Single Judge of dismissal of the writ petitions challenging the Notification dated 10th October, 2012 (supra), (from which these appeals arise) holding that Ordinance X-C does not empower the University to permit a student to continue in the course / programme in case he fails to complete the said course / programme within the span period prescribed for that course in Appendix-II and that the relaxation granted by the University in the past was not authorized and was beyond the powers of the University. He has further contended: (a) that Ordinance X-C of the University empowers the Academic Council to grant exemption from the operation of any of the Ordinances governing, (i) admission of student; (ii) migration; (iii) courses to be pursued by them; (iv) attendance at lectures or sessional or other work; and, (v) the examination of the candidates only, and not from the prescribed span period; (b) that merely because the span period for different courses is mentioned in Appendix-II referred to in Ordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial examination for the students who could not clear all the papers of three year Degree Course [B.A. (Pass) and B.Com. (Pass)] within the span period of six years therefor and though were allowed to appear in a special examination held for them but could not reach the venue of the examination by 1500 hrs i.e. within 30 minutes of commencement of the examination scheduled from 1430 to 1730 hours and were late by 2 to 5 minutes in reaching the venue of the said special examination for reasons beyond their control; axiomatically a direction to the University to hold another special examination was sought. The learned Single Judge dismissed the writ petition holding that the contention of the appellants that they could not reach the venue of the examination in time either due to heavy rain or due to a festival is unacceptable and if such explanations are accepted, then no examination schedule would have any sanctity attached to it and no examination would ever be concluded. It was thus held that no further indulgence could be shown to the appellants who had already availed of double the chances or time period for completing their course and the special examination held was an addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crued to the appellants on 20th August, 2013 or latest on 8th November, 2013, the writ petition from which this appeal arises was filed only in May, 2014. It is argued that the appellants, after learning of the pendency of the other matters aforesaid have merely taken a chance. It is also informed that though about 20 students had so reached the examination venue late on 20th August, 2013 but only 9 filed the petition and this appeal. 10. The counsel for the appellants in LPA No. 434/2014, after the judgment had been reserved has handed over copies of the judgments of the Division bench of this Court in Surender Singh Vs. D.S.S.S.B. 156 (2009) DLT 766 (DB); U.P. Jal Nigam Vs. Jaswant Singh 2006) 11 SCC 464 and Bharat Sanchar Nigam Ltd. Vs. Ghanshyam Dass (2011) 4 SCC 374 on the aspect of the grant of relief to the appellants only even though 20 students had made the representation on the principle of the appellants only being vigilant of their rights and on estoppel, acquiescence and waiver. 11. The challenge in W.P.(C) No. 5214/2013 is to the absence of any power of relaxation of span period in the respondent Jamia Millia Islamia University. It is argued that such a rigid provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be said to have any right to complete the course / programme to which they have sought admission, in whatever time they may deem proper, particularly when the rules of the University provide otherwise. The students having taken admission to a University, are governed by the rules and regulations thereof. They even otherwise have no right to claim that there should be no span period for completing an educational course / programme or as to what the said time period should be or whether there should be any provision of relaxation therein or not. No such right was argued by any of the counsels inspite of our specifically posing the said query. On the contrary the Universities are found to be fully empowered to lay down such span period and/or to determine whether any relaxation with respect thereto is to be given or not. The appellants/petitioner in fact have not even challenged the right of the University to so lay down the span period. The validity/vires of the Appendix II to the Ordinances of the University of Delhi or the Ordinance 15(xv) of the Jamia Millia Islamia University, both laying down the span period, is not even challenged. 16. It cannot also be lost sight of that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, for which a particular date and time was prescribed and in which prescription there was no provision for relaxation. It was in that context that the doctrines of act of God, force majeure and impossibility beyond human control were invoked. That is not the position here. Each of the appellants in the present case, inspite of having not completed their respective education courses / programmes within the duration prescribed therefor, have been already granted extra time to complete the same and what they are now seeking is beyond the said extra time also. The same if allowed would make the rule/regulation providing span period redundant. Once it is not challenged that the University is empowered to provide for the span period, this Court cannot in exercise of powers under Article 226 give a direction in contravention of the said rule. The Supreme Court in Maharishi Dayanand University Vs. Surjeet Kaur (2010) 11 SCC 159 reiterated that the Court has no competence to issue a direction contrary to law nor the Court can direct any authority to act in contravention of the statutory provisions; the Court cannot be generous or liberal in issuing directions to authorities to violate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having said that, we have also wondered whether in fact there should be a span period. The educational courses/programmes with which we are concerned are long term courses/programmes spanning over several years. In such a long time, uncertainties of life can have a play. The question which arises is, whether the expiry of such a span period should be allowed to come in the way of desire for education or completing education. Though in a sense entire life is an educational experience but what is recognized, to enable a human being to achieve higher pursuits or at least get on to a platform to achieve the same, are the educational qualifications. The Supreme Court in Prof. Yashpal v. State of Chhattisgarh (2005) 5 SCC 420 observed that an academic Degree is of great significance and value and goes a long way in shaping the future of the holder thereof. The very Preamble to our Constitution secures to all the citizens of this country fraternity assuring the dignity of the individual...... . Education is an important element of such dignity of the individual. Article 19 of the Constitution makes the right to practice any profession, a Fundamental Right and there can be no right to prac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtainly the educationists manning the respective Universities would be in a better position to judge the same. 23. Education, culture and society, in recent years are evolving rapidly. The ethos, practices and customs of the past are no good today. The pace of life and opportunities have also multiplied manifold. Normally a person should not be tied down for such long duration of three to five years prescribed for completing an educational programme and should have the freedom, if in the interregnum has another opportunity, to avail of the same and the same should not deprive him of completing the course / programme at a subsequent stage in life. The Supreme Court in Maharshi Mahesh Yogi Vedic Vishwavidyalaya Vs. State of M.P. 2013 (8) SCALE 541 quoted with approval Owens and Shaw in their book Development Reconsidered as authoring that the most important element of a literacy programme is not the programme itself but the incentive to become and remain literate. It was reiterated that no section of the citizens can be ignored or left behind in the matter of education because it would hamper the progress of the country as a whole and that it is duty of the State to do all it could, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... become necessary to have a different outlook; it is not necessary to nail down the concept of education to a particular formula or to flow it only through a defined channel - its progress lies in the acceptance of new ideas. We have also looked up the rules and regulations of certain newer universities but find the same to be modelled on the old universities only. We are again not aware whether the said newer universities while formulating their policies merely aped the older universities or there was a conscious decision that the decades-old policies are apt in the modern context also. 25. On the other hand, we are also mindful of the extreme paucity of educational institutions in the country. In the absence of any span period, students may indefinitely block seats, other facilities and amenities in the educational institutions to the prejudice of those becoming eligible for admission in succeeding years. Allowing an educational course/programme to be completed at any time, without any limitation, may also pose a problem where say the course content has changed. Also, there is generally continuity in the syllabus/curriculum in successive semesters/years of an educational course/pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed/cleared, to demonstrate that the continuity if any required, exists. To get over the issue of such candidates / students blocking seats, facilities and amenities of the Universities, such facilities can be made available to only those who have the requisite attendance in all years/semesters but have been unable to pass the examinations. Yet another thought which comes to us is that instead of a span period of time, the number of attempts to pass the examination in a subject can be prescribed. Another possibility can be, to allow such students/candidates to continue the educational course/programme as permitted in an Open School/University and to issue a Degree/Certificate to them, different from a Degree/Certificate issued to others who have completed the course/programme within the duration prescribed therefor and to let the employers/others dealing with them to judge their skill/acumen. We again clarify these are our random thoughts, not intended to bind, inasmuch as we do not have the entire perspective before us. The purport of our recording our thoughts is only that if it is found by the educationist and the universities that time should not be allowed to come in the wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a right answer will be reached. Reference in this regard may be made to Lily Kurian Vs. Sr. Lewina (1979) 2 SCC 124 where a blanket unguided, uncanalised power given to the Vice-Chancellor of the University to veto the disciplinary action of the managing body of a minority educational institution was held to be violative of the right of administration guaranteed under Article 30(1) of the Constitution. We are also of the view that it would be inappropriate for this Court to interpret Ordinance X-C before the Academic Council which is better equipped has had an occasion to consider the same inasmuch as the same is more a matter of policy than interpretation. A provision of a statute, rule, regulation giving an opportunity to seek exemption from application thereof cannot be said to be vesting a right for it to be said that the appellants have a right to be considered. A person who does not fulfill the qualifications cannot claim, as of right the grant of exemption. The Supreme Court in State of Rajasthan Vs. J.K. Udaipur Udyog Limited (2004) 7 SCC 673 held that the recipient of a concession has no legally enforceable right against the grantor to grant a concession except to enjoy t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court in exercise of jurisdiction under Article 226 being not entitled to direct something to be done in contravention of laws, rules and regulations, negate the said argument. 33. Though the counsel for the appellants in the 12 appeals (supra) also argued on the aspect of prospectivity but without any particulars, basis or the dates. However even if it were to be held that at the time when in all the appellants joined the university, the interpretation of Ordinance X-C as in vogue prior to the notification dated 10th October, 2012 was in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. The principle, as applicable to repeal/amendment of Statues, Rules and Regulations, does not apply to interpretation thereof. A change in interpretation of a Statue, Rule, Regulations binds all cases even though instituted prior to such change. Reference in this regard can be made to Sarwan Kumar v. Madan Lal Aggarwal (2003) 4 SCC 147. Moreover it has also been held in State of H.P. v. Himachal Pradesh Nizi Vyavsayik Prishikshan Kendra Sangh (2011) 6 SCC 597 that a student cannot insist on the University/Educational Institution not chan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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