Articles' Leave

Joydip Chaubey (Article Student-CA Final )   (29 Points)

30 October 2009  

 

I have a question regarding the leave calculation of total article ship period 3 and 1/2 year. (Reg.: PCC)
In Training Guide it is clearly mentioned that an article can take a maximum of 2 months study leave for the examinations conducted by ICAI, except at principal’s discretion on allowing more than 2 months leave out of his total leave due for 6 months. His actual period of service should be 3 years. But it is not mentioned in any where that, if the leave due to an article is more than 2 months for say 3 months before his final examination, then is there any need of principal’s discretion to take the leave of more than 2 months?
The following example can clear the moto of my question:
 
Date of Joining the Article ship: 16th April, 2007 & Date of Completion: 16th October, 2010 (Total Period: 3 & 1/2 Years)

 
No. of Days
Total Period of Service :
 
From 16th April,2007
 
To 16th October,2010
 
A) Total Days Served
1279
Less: Interim Leave Taken:
 
   PCE Examination November'08
60
   Others
 15
  Expected Leave to be taken for Final Exam
105
B) Total Leave Taken upto 16th October,10
180
C) Actual Period of Service 16th October,10 {A)-B)}
1099
Entitlement of Leave
183
(1/6th of the Actual period Served)
 
D) Total Entitlement of Leave upto 16th October,10
183
Excess Leave/(Leave Due) {B)-C)}
-3

 
In the above example the Leave taken for final exam is more than 2 months. And he has taken interim leave for 2 and ½ months. So the remaining 3 & ½ months i.e. 6months minus 2 & ½ months will be the leave due before his final exam.
My question is that, can he avail the leave for more than 2 months without principal’s discretion although he has served actual period for 3 years?