TaxTMI 
TaxTMI 
2014 (11) TMI 1291
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....d that the judgments impugned in each of the said appeals is identical and he has argued them as one only:- Sr. No. Appeal Number Arising from Against the judgment dated 1. LPA No. 956/2013 W.P.(C) No. 7177/2013 27th November, 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 ....
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.... "Ord. X-C Permissive Provisions The Academic Council may, in exceptional cases grant exemption from the operation of any of the Ordinances governing admission of students, migration, the courses to be pursued by them, attendance at lectures or sessional or other work or the examination of candidates and authorize what is proper to be done instead in such cases, provided that no such exemption and authority shall be deemed to have been granted unless not less than two thirds of the members present of the Academic Council voted in favour of the motion for such exemption 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....
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....tations were made by the students, teachers as well as some members of the Academic Council of the respondent University of Delhi also, thereagainst; (i) the Registrar of the University of Delhi on 14th March, 2013 issued another Notification as under:- "No.Aca.I/Spl.Chance/2013-2014/59 Delhi, the 14th March, 2013 NOTIFICATION Subject: Grant of Special Chance to students beyond the prescribed Span period. 1. In partial modification of the University Notification No. OSD -(CE)/2012/182 dated 10th Oct., 2012, it is notified that in order to mitigate the hardships of the students, as a purely one time measure, the students may submit their applications for grant of special chance to enable them to appear 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....
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....e University on such terms and conditions as may be prescribed by the Ordinances; none of the Ordinances authorize the Registrar to annul a Resolution of the Academic Council; that thus the Notification dated 10th October, 2012 issued by the Registrar of the respondent University of Delhi, taking away the chance which the students had of being allowed by the Academic Council of the respondent University of Delhi to complete a course / programme of study by taking the examination beyond the span period prescribed for that course, is bad and the appellants are entitled to have their requests for a special chance for appearing in the examination beyond the span period considered by the Standing Committee constituted for the said purpose by the Academic Council of the respondent University of Delhi; and (v) that the notification dated 10th 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....
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.... (h) that under Statute 11-G(2) of the University, it is the duty of the Vice Chancellor to ensure that the Delhi University Act, the Statutes, the Ordinances and the Regulations are duly observed; (i) that the Registrar of the respondent University of Delhi in issuing the Notification dated 10th October, 2012 has merely enforced the Statutes and Ordinances of the University; (j) that the relaxation given by the Registrar vide Notification dated 14th March, 2013 was a one time measure; (k) that the Notification dated 14th March, 2013 was issued in exercise of powers of the Vice Chancellor under Statute 11-G(4) to, in an emergency, take immediate action; 6. LPA No. 434/2014 impugns the judgment dated 7th May, 2014 of the learned Single Judge of dismissal of WP(C) No. 2865/2014 preferred by the appellants therein. The said writ petition was preferred impugning the refusal of the University of Delhi to conduct special 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 examina....
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....) No. 4782/2010 titled Saurabh Vs. GNCTD in which a student who had failed to attend the counselling for admission to MBBS course for the reason of being admitted to hospital on that, date on being found to be entitled to admission was granted admission reasoning that his inability to appear for counselling was for the reasons akin to act of God or force majeure or impossibility beyond human control. 9. Per contra the counsel for the respondent Delhi University has drawn attention to the relevant rule printed at the back of the admission card for the said examination advising the candidates to reach the examination centre at least half an hour before the commencement of the examination and cautioning them that they will not be allowed to enter the examination hall after half an hour of the commencement of the examination. He has also contended that the appellant is not entitled to any relief also for the reason of laches. It is contended that though the cause of action accrued 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....
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....o All India Council for Technical Education Vs. Surinder Kumar Dhawan (2009) 11 SCC 726 on the proposition that Courts are neither equipped nor have academic or technical background to substitute themselves in place of statutory professional technical bodies and take decisions in academic matters and that these are matters of educational policy from which the Courts should keep their hands off. 13. The counsel for the petitioner in W.P.(C) No. 5214/2013 in rejoinder contended that the judgment aforesaid of the High Court of Madhya Pradesh does not apply. He has further contended that Ordinances are delegated legislation and not merely executive acts but legislative acts and can be challenged on the ground of arbitrariness. Reliance in this regard is placed on Man Singh Vs. State of Haryana (2008) 12 SCC 331, Andhra Pradesh Dairy Development Corporation Federation Vs. B. Narasimha Reddy (2011) 9 SCC 286. 14. We have considered the issue at hand. 15. At the outset we may state 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....
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....the expiry of the grace period having foisted the liability to pay interest, such liability could not be deferred or postponed and neither the Stock Exchange nor the Government had the authority to extend the time of payment. Similarly, a Full Bench of the Madras High Court in Gawri Spinning Mills (P) Ltd. Vs. Assistant Provident Fund Commissioner MANU/TN/7502/2006 with reference to Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 held that the Parliament as a matter of legislative policy having confined waiver of damages in certain situations only, the Courts could not extend the immunity beyond that laid down by the Parliament. Reference may also be made to Khar Bhan Ram Vs. General Manager, Punjab National Bank MANU/UP/0168/1992 where in the face of the maximum period of probation provided in the rules, it was held that any extension of probation beyond that is void. 17. The reliance placed on Saurabh supra is misconceived. That was a case of admission to an educational institution, 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 o....
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....lifications and in which University forms a relevant criterion and students of Universities which maintain high standards command better emoluments than those of other Universities. It was yet further observed that the students cannot be permitted to decide the academic policies or seek change thereof to enable them to get over their own deficiencies. 19. The Supreme Court in Thapar Institute of Engineering and Technology v. Gagandeep Sharma (2001) 9 SCC 157, also concerned with rule of promotion in an educational institution, set aside the judgment of the Division Bench of the High Court allowing the students to take advantage of the unamended as well as the amended Regulations when the Regulations did not provide so and restored the judgment of the Single Judge of the High Court holding that, to prescribe the academic standards falls exclusively in the domain of special bodies of the University and refusing to interfere with the Regulations of the University which were intended to improve the academic standards. 20. However 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 ar....
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....g the persons who had crossed the age limit of 45 years from enrolling with the Bar Council on the ground of the same being violative of Article 19(1)(g) of the Constitution and in accordance with the earlier judgment of the Supreme Court in Indian Council of Legal Aid & Advice Vs. Bar Council of India (1995) 1 SCC 732. 22. Unfortunately neither of the counsels assisted us on the aspect on a larger canvas. In our endeavour to find as to what is the practice prevalent in other countries especially in the Ivy League Universities, though we found a span period prescribed for foreign students (perhaps to prevent a foreigner from continuing to stay in the country indefinitely in the garb of education) but could not find any such provision for the natives. What emerged was, a practice of acquiring subject-wise credits instead of course wise credit as is prevalent here and perhaps for which reason the need for such span period is not felt with; credit in a particular subject/paper being in itself the educational qualification for such paper/subject. Certainly the educationists manning the respective Universities would be in a better position to judge the same. 23. Education, culture....
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....fe. If not, we feel there is certainly an occasion therefor. More so with the world shrinking and the international barriers disappearing; our educational system has to gear up to cater to the current needs rather than continuing to being run on patterns which were good decades back and which may not be good today. Recently, a Division Bench of this Court in Govt. of NCT of Delhi Vs. Sachin Gupta MANU/DE/2360/2013 also observed that with the march of times the imparting of education at the Graduate level is changing all over the world and the Directorate of Education should keep in mind that it has to march in tune with the rest in the onward march in time. A Division Bench of the High Court of Gujarat also as far back as in Gujarat State Cooperative Union Vs. Commissioner of Income Tax MANU/GJ/0040/1992 observed that the changing times and the ever widening horizons of knowledge may bring changes in the methodology of teaching, a shift for the better and that advancement of knowledge brings within its fold suitable methods of its dissemination and it may become necessary to have a different outlook; it is not necessary to nail down the concept of education to a particular formula ....
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....authorities to the issue involved, though not making a policy, but acting as catalyst for change. Proceeding on the premise that a right to complete the education is certainly at a higher pedestal than the need for the Universities/educational institutions to provide for the maximum duration for completing an educational course/programme, we are of the view that ways and means to allow an educational course/programme to be completed, without at the same time jeopardizing the quality of educational qualification and affecting the rights of those becoming eligible for admission in succeeding years, can be devised. For instance, to ensure that the person so desirous of completing the educational course/programme has not rusted and/or to ensure continuity, as a precondition, he/she can be subjected to an eligibility test. Thus, the appellants/petitioners before us who have been unable to complete their respective educational courses/programmes within the span period provided therefor, can be asked to appear in a test/examination in the subjects which they have already passed/cleared, to demonstrate that the continuity if any required, exists. To get over the issue of such candidates / ....
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....he Courts are loath to depart from an established practice unless it lacks the sanction of law or is grossly erroneous. 30. We are also disturbed by the fact that though the decision to grant such exemption/relaxation qua span period was of the Academic Council of the University, which we are told comprises of 200 members and who we are sure must be having rich knowledge of academics and education, the decision to do away the same is of one man only i.e. the Vice Chancellor. Certainly when 200 minds, we expect, after discussion, concluded and resolved that Ordinance X-C applies to span period also, the change thereof by one mind does not inspire confidence. When it is doubtful whether the power to take an important decision lies with an individual or with a group, the collective wisdom is generally preferred to individual wisdom. We are of the view that it is for the Academic Council of University of Delhi to, besides taking a call as directed above, also consider this aspect. We hope when all the members of the Academic Council pool their resources/ideas and deliberate, a right answer will be reached. Reference in this regard may be made to Lily Kurian Vs. Sr. Lewina (1979) 2 S....
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.... of Haryana (2011) 15 SCC 304 held rounding off or giving grace marks so as to bring up a candidate to minimum requirement being impermissible. It was further held that somewhere, a line has to be drawn and that line has to be strictly observed like a Lakshman Rekha and no variation of the same is possible unless provided in the rule itself. The appellants ought to have been careful considering that they were aware that it was their last chance which too was given by way of grace. 32. As far as the argument of the counsel for the appellants, of the Universities themselves having in the past allowed persons to appear in the examination beyond span period, is concerned, the same cannot be a ground. If the rules of the University do not allow so, merely because the University itself in the past has acted contrary to the rules would be no ground to grant relief, effectively directing the University to again act contrary to the rules. The principles of negative equality being not envisaged in Article 14 of the Constitution of India (see Union of India Vs. M.K. Sarkar (2010) 2 SCC 59) and the Court in exercise of jurisdiction under Article 226 being not entitled to direct something to....
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....n of the said University of not providing for any exemption from applicability of span period to be valid the matter be remitted to the learned Single Judge for decision on facts but we are unable to appreciate, as to on what basis, it is claimed that the University is at fault. It is claimed that the University, contrary to its Rule, did not allow the petitioner, an opportunity to improve on his original marks of the years 2003 and 2004 in the subjects which he had passed. However, neither any Rule is cited in this regard nor did the counsel during the hearing draw attention thereto. We are unable to find any. Even otherwise, it was for the petitioner to challenge such action of the University in the relevant year and grievance with respect thereto cannot be made belatedly, as is being done. We therefore do not find any factual controversy to be adjudicated to remit the matter to the learned Single Judge. 35. We accordingly dispose of these appeals/writ petition:- (I) by directing the respondent University of Delhi 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 ....