https://www.taxtmi.com/css/info/rss_sitemap/rss_feed.css?v=1746094055 https://www.taxtmi.com Business/Tax/Law/GST/India/Taxation/Policies/Legal/Corporate Tax/Personal Tax/Vat Law/Legal Information/Tax Information/Legal Services/Tax Services Tax Management India. Com / MS Knowledge Processing Pvt. Ltd. All rights reserved. One stop solution for Direct Taxes and Indirect Taxes https://www.taxtmi.com/caselaws?id=458775 https://www.taxtmi.com/caselaws?id=458775 Maximum period, also called the span period, prescribed by the University of Delhi and Jamia Millia Islamia University for completing the various courses / programmes being conducted by the said Universities - absence of any power of relaxation of span period in the respondent Jamia Millia Islamia University - HELD THAT:- The students cannot 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. 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 human conduct and behaviour and once a grace period is inbuilt in the rule, no argument of the same being harsh can be urged. The only order which can be made in these proceedings is to direct the Universities to consider the matter, including in the light of our aforesaid observations, within a time bound period. Needless to state that if the outcome is to do away with the span period or to provide relaxation therein, the appellants/petitioner would be the beneficiaries thereof, notwithstanding having so become time barred prior thereto. Else, as we have already observed, appellants/petitioner have no right. The respondent University of Delhi are directed to, within three months herefrom, have the aspects of, (a) need to continue with the span period; (b) whether Ordinance X-C applies to span period also, in the meeting of its Academic Council; and to pass a Resolution on both aspects giving reasons therefor - respondent Jamia Millia Islamia University directed to have the matter relating to the need for having the span period and if so, the need to provide for exemption in exceptional cases therefrom, considered in its appropriate body and to pass a reasoned order thereon, within three months from today - the Secretary, Ministry of Human Resource Development, New Delhi are directed to, in consultation with the educationist, in an appropriate fora, debate and arrive at a consensus and to lay down Policy Guideline to be followed by the Universities in the matter of the need for having a span period for completing the courses/ programmes being offered by the Universities. Petition disposed off. Case-Laws Indian Laws Thu, 27 Nov 2014 00:00:00 +0530