JUDGMENT : Vijay Bishnoi, C.J. 1. This writ petition is preferred by the petitioners challenging the validity of the Regulations 5.3 and 19.6 of the Bodoland University Regulations On Under- Graduate Degree Examinations Under Choice Based Credit System, 2015 (hereinafter to be referred as ‘Bodoland Regulations’) 2. In the writ petition, the petitioners have made the following prayer :- “i) To declare the clause 5.3 and 19.6 of the Bodoland University Regulations on Under Graduate Degree Examinations Under Choice Based Credit System to be unconstitutional and null and void and ultra virus of Part III of the Constitution of India and or/or alternatively the Hon'ble High Court may be pleased to read down the section 5.3 and 19.6 of the Bodoland University Regulations on Under Graduate Degree Examinations Under Choice Based Credit System and declare that the clause 5.3 and 19.6 would not be applicable to the petitioners and further to direct the respondent authorities more particularly Bodoland university to declare results upon cause or causes shows after hearing the respective parties the Hon’ble Court may be pleased to make the Rule absolute on such unless or such direction or orders as Your Lordship may deemed fit and proper.” 3. The brief facts of the case are that the petitioners are the students of U.N. Academy affiliated to the Bodoland University and they have successfully cleared all the papers of B.Sc./B.A. course except one backlog paper. It is the case of the petitioners that for the purpose of clearing specific backlog papers, the students have submitted their examination forms with the requisite examination fees to appear fourth time in the said backlog paper and the same was accepted by the University. Pursuant to that, they appeared in the said examination but the respondent University withheld their results. Being aggrieved with the action of the Bodoland University of withholding their results, the petitioners preferred a writ petition, being, WP(C) 828/2022 before the Writ Court. However, in the Writ Court, the Bodoland University has taken a stand that the Regulation Nos.5.3 and 19.6 of the Bodoland Regulations do not permit fourth chance to any student to clear backlog paper and as such, the result of the petitioners have rightly been withheld by the University though they have appeared in the examination for the fourth time in the respective backlog paper. 4. 4. Confronting with the said stand of the Bodoland University, the petitioners have preferred this writ petition challenging the validity of the Regulations 5.3 and 19.6 with the prayer which is already noted in the earlier part of the judgment. It is also to be noticed that the writ petition, which was preferred by the petitioners being aggrieved with the action of the Bodoland University of withholding their results, is still pending consideration before the Writ Court. 5. In the above facts and circumstances of the case, we confine ourselves to examine the validity of the Regulations 5.3 and 19.6 of the Bodoland Regulations only. 6. Learned counsel for the petitioners has argued that the Bodoland Regulations are framed as per the UGC guidelines issued in the year 2015. It is submitted that the main objective of the Bodoland Regulations is to improve choices of the students to keep up a changing education system. It is submitted that the Regulation 5 of the Bodoland Regulations specifically clarifies that a UG degree program for regular students shall be for minimum of three years and maximum of five years. It is further contended that Regulation 5.2 of the Bodoland Regulations clearly spells out that if a student fails to clear all the th semester examination within normal duration i.e. 6 semester, he/she can avail maximum of 10 semesters. It is submitted that the objective of these two regulations is to grant maximum chances within five years for completion of a course but the Regulation 5.3 of the Bodoland Regulations allows only three chances within five years from his/her first admission, and, therefore, the Regulations 5.3 and 19.6 of the Bodoland Regulations are contrary to the objective of the said Regulations and dehors the other clauses concerning this relevant subject. It is further submitted that the UGC Guidelines, particularly, clause 2 of the guidelines contemplates that a student for whatever reasons is not able to complete the program within the minimum duration prescribed for the program may be allowed two years period beyond the normal period to clear the backlog to be qualified for the degree. Clause 2 (B) of the said guidelines inter alia provides that in exceptional circumstances one more year can be provided. Clause 2 (B) of the said guidelines inter alia provides that in exceptional circumstances one more year can be provided. It is contended that the guidelines of the UGC, which, though postulate five years for clearing a course, also give discretion to the university to allow a student six years under exceptional circumstances and, therefore, the Regulations 5.3 and 19.6 of the Bodoland Regulations are in clear terms contrary to the UGC guidelines, because it restricts a student to minimum of three chances to clear a backlog paper, whereas such restrictions are not there in the UGC Guidelines. It is submitted that the Regulations 5.3 and 19.6 are not in conformity with the recommendation given by the UGC and repugnant to the guidelines of the UGC and, therefore, the same are unsustainable in law. 7. Opposing the stand of the petitioners, learned counsel appearing for the respondent Nos.1, 2 and 3, i.e. the Bodoland University has contended that there is no ambiguity, inconsistency or repugnancy in the provisions of the Bodoland Regulations on Under Graduate Degree examinations. The said provisions are not mutually exclusive and independent to each other, rather the provisions are to be read and construed jointly to arrive at the intended purpose of the regulations. It is further contended that the interpretation of the provisions, as suggested by the petitioners, by singling each provision as mutually exclusive leads to contradiction with the intended objective of the Regulations. Regulations 5.1 and 5.2 are to be read with together and jointly with Regulations 5.3, 19.5 and 19.6 and the plain purport of the said provisions of the Bodoland Regulations is to afford two additional years to a student beyond the minimum duration prescribed for the degree programme. However, the student shall not get more than three chances to complete the paper of each semester. 8. It is further contended by the learned counsel for the Bodoland University that the purpose of limiting the number of attempts to appear for backlog paper to three chances is to provide for a uniformity of three equivalent chances to a student for backlog paper in each semester. As such, in the maximum of five years extended duration provided to complete an undergraduate programme, a student is given three chances in each semester to clear a backlog paper in a particular semester. As such, in the maximum of five years extended duration provided to complete an undergraduate programme, a student is given three chances in each semester to clear a backlog paper in a particular semester. This uniform distribution of three attempts for each semester/paper ensures that a student gets three chances to clear his backlog papers even in respect of fourth, fifth and sixth semester examination as well as during the extended period of five years. 9. It is further contended on behalf of the respondent Bodoland University that from the plain reading of the introduction to the Bodoland Regulations on Under Graduate Degree Examination is that the regulations were formulated in compliance with the UGC guidelines of Uniform Span Period N+2 Rule within which a student may be allowed to qualify for a degree. Clause 4 of the UGC Guidelines on Determination of Uniform Span Period categorically provides that the guidelines are subject to rules and regulations of the statutory bodies and Universities governing the grant of degrees, which means that the Universities are at liberty to formulate any incidental and ancillary provisions that are considered best suited for developing the skill and competence expected of its students. To fulfil the said objective, the Regulations 5.3 and 19.6 are incorporated in the Regulation On the Under Degree Examination which is neither contrary to the guidelines of the UGC nor transgress the said guidelines. It is also contended that Regulation 19.2 explains a set of circumstance wherein a student absents himself/herself after applying for a backlog examination and the said Regulation is an exception to the rule of three chances permitted to a student for backlog paper and is not applicable to the present petitioners, who have already exhausted their three permitted chances. It is further contended that the provisions of Regulation 5.3 and 19.6 are to be read together with other provisions of the Bodoland Regulations on Under Graduate Degree Examination and as such, the provisions of the Regulations are not contradictory with each other and are also not in derogation of the UGC Guidelines. 10. The UGC has also filed its response to the writ petition and taken a specific stand that a student of a three years degree course will get all total five years (N+2) time to complete the course. 10. The UGC has also filed its response to the writ petition and taken a specific stand that a student of a three years degree course will get all total five years (N+2) time to complete the course. However, in extraordinary circumstance, the University may grant one more year subject to other conditions as enshrined in the guidelines. But how many attempts shall be allowed to a student to pass a particular paper shall be determined by the University’s own rules and regulations, inasmuch as, the UGC Guidelines are silent on this point. It is also contended that the Bodoland Regulations framed by the Bodoland University are subject to the rules and regulations formulated by it and the said regulations are not diluting the guidelines issued by the UGC in the concerned field. 11. Heard learned counsel for the parties and perused the material available on record. 12. The University Grant Commission is the authority made under Section 4 of the University Grants Commission Act, 1956 . As per the said act, the general duty of the Commission is to take all such steps as it may think fit for the promotion and coordination of University education and for the determination and maintenance of the standards of teaching, examination and research in Universities, and for the purpose of performing its functions under the Act in consultation with the Universities or other bodies concerned. Under the said powers the Commission formulated the guidelines providing a uniform span period within which a student may be allowed to qualify for a degree. Those guidelines were circulated amongst all the Vice Chancellors of all the Universities th recognised by the Commission vide communication dated 15 October, 2015. The said guidelines are reproduced hereunder:- “1. Normally, the student is expected to complete his programme within the minimum period as laid down under the relevant Regulation of the university which should be in conformity with the UGC Regulations on the award of First Degree and Masters Degree and also in line with the notification, issued from time to time, on Specification of Degrees under Section 22 of UGC Act, 1956. 2. A student who for whatever reasons is not able to complete the programme within the normal period or the minimum duration prescribed for the programme, may be allowed two years period beyond the normal period to clear the backlog to be qualified for the degree. 2. A student who for whatever reasons is not able to complete the programme within the normal period or the minimum duration prescribed for the programme, may be allowed two years period beyond the normal period to clear the backlog to be qualified for the degree. The general formula, therefore should be as-follows: a) Time Span = N+2 years for the completion of programme. where N stands for the normal or minimum duration prescribed for completion of the programme. b) In exceptional circumstance a further extension of one more year may be granted. The exceptional circumstances be spelt out clearly by the relevant statutory body concerned of the university. c) During the extended period the student shall be considered as a private candidate and also not be eligible for ranking. 3. Ordinarily, no student should be given time beyond the extended period of two years. However, in exceptional circumstances and on the basis of the merits of each case university may allow a student one more year for completion of the programme. 4. These guidelines are subject to the Rules and Regulations of the statutory bodies and universities governing the grant of degrees.” 13. The reason for formulating the said guidelines was that the universities across the country adopt varying span period within which a student may be allowed to complete a programme to be qualified for a degree and, therefore, for the purpose of evolving a uniform policy, the Commission constituted an Expert Committee for determining a uniform span period and on the basis of the recommendations made by the Expert Committee, the Commission formulated the guidelines for compliance by the universities. 14. The guidelines provide that a student who for whatever reasons is not able to complete the programme within the normal period or the minimum duration prescribed for the programme, may be allowed two years period beyond the normal period to clear the backlog to be qualified for the degree. In the said guidelines a formula is prescribed to be followed, which suggests that in addition to the normal period for completing a degree, two years further period be allowed to clear the backlog to be qualified for a degree. It also provides that in exceptional circumstance a further extension of one more year can be granted. However, such exceptional circumstances are to be spelt out clearly by the relevant statutory body concerned of the university. It also provides that in exceptional circumstance a further extension of one more year can be granted. However, such exceptional circumstances are to be spelt out clearly by the relevant statutory body concerned of the university. It further provides that during the extended period the student shall be considered as a private candidate and also not be eligible for ranking. Clause 3 of the guidelines also provides that ordinarily no student should be given time beyond the extended period of two years. However, in exceptional circumstances and on the basis of the merits of each case, the university may allow a student one more year to complete the programme. Clause 4 of the guidelines provides that the guidelines prescribed by the Commission are subject to the rules and regulations of the statutory bodies and universities governing the grant of degrees. 15. So, it is clear that though the Commission formulated the guidelines, whereby time limit was prescribed for a student to complete the degree course and paved way for the universities and bodies recognized with it to make rules or regulations providing time limit for a student to complete the degree course by following the said guidelines, but those guidelines were made subject to the statute so framed. It is also to be noticed that in the guidelines, it has not been provided as to how many attempts can be allowed to a student to pass a particular paper and those guidelines are silent on this point. 16. The Bodoland University following the said guidelines of the UGC has formulated the Bodoland Regulations which is evident from the introduction of the regulations. In Regulation 5 of the Bodoland Regulations, provisions regarding programme duration are enacted. Regulation 5 is reproduced hereunder:- “5. PROGRAMME DURATION: 5.1 The UG degree programme for a regular student shall be for a minimum period of three years and a maximum of five years from his/her date of admission. Each academic year shall comprise of two semesters, viz. Odd and Even semesters. Odd Semesters (I, III and V) shall be from July to December and the Even Semester (II, IV and VI) shall be from January to June. There shall be in each semester not less than 90 actual teaching days. Each academic year shall comprise of two semesters, viz. Odd and Even semesters. Odd Semesters (I, III and V) shall be from July to December and the Even Semester (II, IV and VI) shall be from January to June. There shall be in each semester not less than 90 actual teaching days. 5.2 A regular candidate shall have to undergo the prescribed courses of study in a college affiliated to the Bodoland University for a period not less than three academic years (and not more than five academic years) in which he/she will have to accumulate a minimum of 120 successful credit hours of coursework and clear semester examinations. 5.2 If a student fails to clear all the semester examinations within normal duration, i.e. six semesters, he/she can avail a maximum of ten semesters in five years at one stretch. 5.3 No student shall be allowed to appear in any course more than 3 chances (including the regular chance) within 5 years from his/her first admission. 5.4 A student shall be required to register for the UG Degree programme in Arts/Commerce/Science under CBCS of the University in the 1 st semester itself.” 17. Under the heading “PROMOTION TO NEXT SEMESTER (WITH BACKLOG) Regulation 19 has been framed which is also reproduced hereunder:- “19. PROMOTION TO NEXT SEMESTER (WITH BACKLOG): 19.1. A student who fails to secure minimum pass grade (equivalent to 40% marks) in a course (In-semester and End-semester separately) and fails to obtain SGPA 4.0 shall be declared ‘unsuccessful’ and will be placed in ‘F’ grade. 19.2. A student who duly fills in the End-semester examination application form but remains absent wholly or partially in any course will be placed in ‘I’ grade, and he/she shall be deemed to have lost one chance. 19.3. Whether any student is placed in ‘F’ or ‘I’ grade, shall normally be promoted to next semester. 19.4. In case a student has passed the In-semester or/and practical paper(s) in any given semester, his/her marks/grades shall be carried over. 19.5. If a student failed to submit the project work/dissertation/assignment of an End-semester examination, he/she shall be placed in ‘I’ grade and shall be required to submit the same at the subsequent End-semester examination. 19.5. 19.4. In case a student has passed the In-semester or/and practical paper(s) in any given semester, his/her marks/grades shall be carried over. 19.5. If a student failed to submit the project work/dissertation/assignment of an End-semester examination, he/she shall be placed in ‘I’ grade and shall be required to submit the same at the subsequent End-semester examination. 19.5. All students, who are placed in ‘F’ or ‘I’ grade in any semester examination, shall have to clear the ‘arrear’ or ‘backlog’ paper(s) in corresponding End-semester examination as scheduled below: (i) 1st semester with regular 3rd semester (ii) 2nd semester with regular 4th semester (iii) 3rd semester with regular 5th semester (iv) 4th semester with regular 6th semester 19.5. A special ‘supplementary’ examination shall be held within two months after the last regular semester examination of extended period to enable those students who have got two chances to clear their ‘backlog’ papers of 3 rd and 4 th th th or 5 and 6 semesters. 19.6. No student shall be allowed to appear for a particular course more than st twice (excluding the 1 appearance) which shall include the paper(s) which the candidate opts not to appear within the maximum time allowed. 19.7. Students’ performance in an End-semester examination shall be scrutinized and approved by the Examination Committee/Vice-Chancellor after which the Controller of Examinations shall declare the results and issue Grade Card/Transcript. The results may be declared through notification in print or/and the university website. 19.8. Under normal circumstances, the entire process of evaluation and declaration of results shall be completed within 60 days from the last date of the End-semester examination. 19.9. The rank holder(s) of a programme may be decided on the basis of overall weighted percentage of marks obtained in CGPA. 19.10. Students who either availed ‘betterment’ chance or passed in ‘supplementary’ examination shall not be considered for the award of any prize/medal, rank or distinction.” 18. After analysis of the above quoted Regulations, we find that Regulation 5.1 prescribes the minimum period of three years and a maximum of five years for a regular student to complete the degree under Graduate Degree Programme. It says that each academic year shall comprise of two semesters, viz. Odd and Even semesters and actual teaching days in each semester shall not be less than 90 days. It says that each academic year shall comprise of two semesters, viz. Odd and Even semesters and actual teaching days in each semester shall not be less than 90 days. Regulation 5.2 provides that a regular candidate shall have to undergo the prescribed courses of study in a college affiliated to the Bodoland University for a period not less than three academic years (and not more than five academic years) in which he/she will have to accumulate a minimum of 120 successful credit hours of coursework and clear semester examinations The next regulation is again numbered as 5.2 which provides that if a student fails to clear all the semester examinations within normal duration, i.e. six semesters, he/she can avail a maximum of ten semesters in five years at one stretch. The next Regulation 5.3 of the Bodoland Regulations clearly provides that no student shall be allowed to appear in any course more than 3 chances (including the regular chance) within 5 years from his/her first admission. Regulation 5.4 is regarding registration of the student under the UG Degree programme. 19. Regulation 19 of the Bodoland Regulations speaks about promotion of a student to next semester (with backlog). Regulation 19.1 provides gradings of the student. Regulation 19.2 speaks of a student who remains absent wholly or partially in any course and specifies the grade in which he/she is to be placed but also clarifies that the said absence of a student shall be deemed as he/she has lost one chance. Rule 19.3 provides that a student placed in ‘F’ or ‘I’ grade shall normally be promoted to next semester. Regulation 19.4 speaks about carrying over the marks and grades of a student. Regulation 19.5, which is numbered three times, is in respect of project work/dissertation/assignment etc. and regarding clearance of arrear or backlog in corresponding End-semester and speaks of special supplementary examination after the last regular semester examination to enable those students who have got two chances to clear their backlog papers of 3rd and 4th or 5th and 6th semesters. Regulation 19.6 clearly provides that no student shall be allowed to st appear for a particular course more than twice (excluding the 1 appearance) which shall include the paper(s) which the candidate opts not to appear within the maximum time allowed. 20. Regulation 19.6 clearly provides that no student shall be allowed to st appear for a particular course more than twice (excluding the 1 appearance) which shall include the paper(s) which the candidate opts not to appear within the maximum time allowed. 20. In our view, the object of the above-referred provisions of the Bodoland Regulations is to afford two additional years to a student beyond the minimum duration prescribed for the degree programme with the rider that the student shall not get more than three chances to complete a paper in each semester. The said provision is applicable uniformly to all the students and is in very much consonance with the UGC Guidelines and in no way contravenes the UGC Guidelines because the said guidelines are silent on the point as to how many attempts can be allowed to a student to clear backlog papers and the said aspect is left at the discretion and wisdom of the statutory bodies and universities governing the grant of degrees. Regulation 19.2 of the Bodoland Regulations speaks about only those students, who absents himself/herself after duly applied for appearing in backlog paper(s) and the same is not applicable to those students who have already exhausted the three permitted chances. 21. We are of the view that the statutory bodies and universities are well within their jurisdiction to decide as to how many attempts can be allowed to a student to pass a particular paper, which will apply to each student uniformly. 22. In view of the above discussions, we find that Bodoland Regulations particularly the Regulations 5.3 and 19.6 are not in contravention of the UGC Guidelines and, therefore, the challenge of the petitioners to the above-referred regulations is without any merit and the same is dismissed. 23. It is made clear that this Court has only examined the question of validity of the Regulations 5.3 and 19.6 of the Bodoland Regulations in this judgment and order and has not examined the merit of the claim of the petitioners of getting one more chance, which is pending consideration before the Writ Court in WP(C) 828/2022 and, therefore, this judgment and order will not affect the said claim of the petitioners in WP(C) 828/2022. With these observations, this writ petition is dismissed.