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TMI Blog2015 (8) TMI 1585X X X X Extracts X X X X X X X X Extracts X X X X ..... IGH COURT] , the petitioner is not entitled to any relief at this stage and has to await the outcome of the decision which the respondents University in Amit Kumar supra has been directed to take. The Supreme Court in Shangrila Food Products Ltd. Vs. LIC [ 1996 (7) TMI 571 - SUPREME COURT ], Dwarka Nath Vs. ITO [ 1965 (3) TMI 23 - SUPREME COURT ], LIC Vs. Asha Goel [ 2000 (12) TMI 894 - SUPREME COURT ] and UOI Vs. R. Reddappa [ 1993 (8) TMI 319 - SUPREME COURT ] has held that Article 226 is couched in comprehensive phraseology and it ex-facie confers a wide power on the High Court to reach injustice wherever it is found. The High Court is empowered to mould the relief to meet the peculiar and complicated requirements of this country. The Constitution does not place any fetters on the exercise of the extraordinary jurisdiction of the High Courts under Article 226. It is left to the discretion of the High Court. This Court can, in exercise of such jurisdiction, take cognizance of the entire facts and circumstances of the case and pass appropriate orders to give the parties complete and substantial justice. Once this Court is satisfied of injustice or arbitrariness, then the restricti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Second Year thereof and appeared in the Vth term examination in December, 2004; (ii) that he joined the Indian Military Academy, Dehradun, Uttarakhand in January, 2005 and thus could not attend the classes of VIth and last term of the LLB course; (iii) that in January, 2013, he sought posting to Delhi in order to complete his LLB degree and was posted to Delhi with effect from 27th February, 2013; (iv) that he thereafter sought permission from the respondents University to, notwithstanding the time gap aforesaid, allow him to take the supplementary examination in one of the subjects of Vth term which he, in the examination of December, 2004 had failed to pass and to re-admit him in VIth term to enable him to complete the LLB degree. 4. I may at this stage state that though the Delhi University Act, 1922, the Statutes and the Ordinances issued thereunder prescribe a span period i.e. the maximum period in which the various courses / programmers offered by the respondents University are to be completed and the span period provided for completing the three years LLB course is of six years but the respondents University since 1975 had been following the practise of, on case to case bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents University has opposed the petition contending that under the Notification dated 14th March, 2013 and the permission thereunder granted to the petitioner vide letter dated 25th April, 2013, the petitioner was, by way of a special chance, entitled to only one opportunity to pass the examination and having been unable to pass the examination in one of the papers of the VI th term, is not entitled to any further chance. 11. I may in this regard reproduce herein below the letter dated 25th April, 2013, vide which the petitioner was granted the special chance and in pursuance to which he appeared in the examination of the remaining paper of the Vth term and in the examination of the five papers of the VI th term; the same is as under: Dear Student, This is further to your application seeking Special Chance beyond span period. You are advised to contact the Examination Branch North Campus immediately for further action. Please note this is the last Special Chance. In case you do not appear or fail in any paper (Theory, Practical, Subsidiary, Qualifying etc.), you will not be granted any further opportunity in future. 12. The Notifications dated 10th October, 2012 and 14th Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he examination, the petitioner in January, 2014 having been re-admitted in the VIth term of the LLB course, is not bound by the rule of span period. It is contended that the petitioner herein is entitled to appear in the supplementary examination of the VIth term just like any other regular student of VIth term would be entitled to. 16. Per contra, the counsel for the respondents University has contended that readmission of the petitioner was also in accordance with the grant of special chance only. It is explained that without the petitioner attending the requisite number of classes of the VIth term and which he had not attended when he had discontinued his studies after the Vth term, he could not have been permitted to take the examination in the subjects of the VIth term. 17. There can be no doubt as to the explanation aforesaid by the respondents University. The rules of legal education formulated by the Bar Council of India do not permit an LLB degree to be granted without the student attending the classes for the said course, as a regular student thereof. 18. Thus, the mere fact that the respondents University readmitted the petitioner to the LLB course would not make the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LLB course, for the reasons recorded hereinafter: (I) The interruption in the education of the petitioner was on account of the petitioner opting to join the Army. Though the petitioner had time, as aforesaid till 2008, to complete his education in LLB course but left the same in 2005 to serve the country. (II) The petitioner has pleaded and which I have no reason to disbelieve, that after completing his military training from Indian Military Academy, Dehradun, he was posted, from June, 2006 to June, 2009 in Jammu Kashmir; from July, 2009 to January, 2011 at Thiruvananthapuram in Kerala, and from February, 2011 to February, 2013 was again posted in Jammu Kashmir. The petitioner has further pleaded that during his first posting in Jammu Kashmir, he was awarded with the Siachen Glacier Medal, Operation Rakshak Medal, High Altitude Medal and Sainya Sewa Medal and during his second posting in Jammu Kashmir, he was awarded with the Special Service Medal for Field Posting in Counter Insurgency Operation Area for a period of two years. (III) Our country and its various institutions and authorities, in recognition of the service so rendered by the Defence Personnel to the nation, have dev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, it appears that notwithstanding the efforts made in the aforesaid direction, the Defence Personnel are not receiving their due. The Supreme Court in Union of India Vs. C.S. Sidhu (2010) 4 SCC 563 has commented with regret on the shabby manner in which the army men in our country are being treated. It was observed that they bravely defend our country, even at the cost of their lives and deserve a better and humane treatment. (VI) This Court in Amit Kumar supra has already discussed the importance and relevance of education. Reliance was placed on Professor Yashpal Vs. State of Chhattisgarh (2005) 5 SCC 420 where the Supreme Court observed that academic degree is of great significance and value and goes a long way in shaping the future of the holder thereof. Education was held to be an important element of dignity of the individual which is secured to all citizens of the country in the Preamble itself of the Constitution of India. Education is also a Fundamental Right, inasmuch as there can be no right to practise profession without education. Without education, no citizen can be expected to perform his Fundamental Duties enshrined in Article 51A of the Constitution also; (VII) T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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