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RK (student)     20 October 2010

Can new rule be made applicable with retrospective effect ?

I took admission in an open university for a course 7 years back but couldn't complete it till now due to my job.

At the time of admission the maximum duration to complete the course was 8 years i.e. till 2011 for me.

I appeared for the final papers in June 2010 but my result is not being declared since they changed the rule in 2007 & reduced the  maximum duration allowed to complete the course to 6 years & I have exceeded that as per new rule.

I would like to know whether as per law they can make the rule applicable to me with retrospective effect.

If not, then what are the legal options I have .

Also , if someone can point out important judgements in simillar cases.



Learning

 10 Replies

aman kumar (SUPERVISER)     20 October 2010

YOU CAN SUIT FOR IT  EX- POST FACTO IS NOT ALLOWED 

aman kumar (SUPERVISER)     20 October 2010

YOU CAN SUIT FOR IT  EX- POST FACTO IS NOT ALLOWED 

RK (student)     20 October 2010

Thanks Aman but my concern is to get my result declared for this exam since they are insisting on my taking re-admission for which the last date is 31st October.So I have to do something about it before the last date.

The re-admission would give me two more years to complete the course but  why should I give the same exam again.

Also, re-admission would also mean paying a lot of fees once again.

R.Ramachandran (Advocate)     20 October 2010

Please post a copy of the revised rule, so that appropriate answer can be given to your query.

RK (student)     20 October 2010

@ Ramchandran,

I don't have a copy of the revised rule.The new prospectus simply mentions the new maximum duration.

Even if I were to make use of RTI  to seek the order it would probably take more than a month.If it's really needed then I may have to file a RTI with IGNOU.

SInce you have asked for a copy of the revised rule, does that mean there is some way that they can actually go ahead & do it for the students who were already on their rolls previous to when this rule was changed.

R.Ramachandran (Advocate)     20 October 2010

Dear Mr. RK,

Yes, whenever a new rule is introduced, they would have definitely addressed as to how the right of the persons registered earlier would be regulated.  So without knowing as to what transitional provision was made in this respect, it will not be possible to give a view one way or the other.

Further, in your case, you have already been permitted to appear in the examination, only the result has not been declared.  If the rules are available, then one can really apply one's mind and find out what is in store for you.

1 Like

RK (student)     20 October 2010

Thank you so much for your reply.

 

In case they have not mentioned anything about students enrolled earlier, would that go in my favour ?

V. VASUDEVAN (LEGAL COUNSEL)     20 October 2010

Adv.Ramachandran has rightly advised to get the rules. Please check this out from the website of the unilversity or try to get this from their office through contacts. This would help the forum understand the process of change and render due advise.

RK (student)     21 October 2010

It's not available on the University's website & haven't been able to get it through their office.

 

I wanted to get it sorted before the end of this month otherwise I will have no choice but to pay up the fee for re-admission.Looks like RTI is the only option left but even that would take more than a month.

Advocate. Arunagiri (Advocate High Court Madras.)     27 November 2010

You can file a writ petition. New rule is only for the new comers. You are enttitled to complete the course as per the rules prevailed at the time of your admission.


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