Kerala High Court
The Indira Gandhi National Open ... vs Reji A. George on 14 January, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WA.No.2559 OF 2019
AGAINST THE JUDGMENT IN WP(C) NO.31443/2018(E) DATED
19.06.2019 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 2 & 3:
1 THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
(IGNOU)
REPRESENTED BY ITS NODAL OFFICER, CCU,
INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
MAIDAN GARHI, NEW DELHI- 110068.
2 THE VICE CHANCELLOR,
THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY
(IGNOU), MAIDAN GARHI, NEW DELHI- 110068.
BY ADV. SRI.K.MOHANAKANNAN
RESPONDENTS/APPELLANT & 1ST RESPONDENT:
1 REJI A. GEORGE, AGED 54 YEARS,
S/O.GEORGE, ALAPPATTU PARATHARA HOUSE,
EDATHUA P.O., ALAPPUZHA DISTRICT- 689573.
2 THE PRINCIPAL,
SASPIENTIA COLLEGE OF PSYCHOLOGY, MUTHALAKODAM,
THODUPUZHA, IDUKKI DISTRICT- 685605.
R1 BY ADV.SRI.V.J.JAMES
R2 BY ADV.SMT.K.V.RESHMI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.2559 OF 2019 2
JUDGMENT
Dated this the 14th day of January, 2020 S.Manikumar, CJ.
Instant writ appeal is filed against the judgment in W.P.(C) No.31443 of 2018 dated 19.06.2019, by which the writ court directed Indira Gandhi National Open University (IGNOU), represented by its Nodal Officer, New Delhi, appellant No.1, to issue grade card and provisional certificate in respect of diploma course in Counseling and Psychotherapy to the 1 st respondent/writ petitioner, at the earliest, at any rate within a period of one month from the date of receipt of a copy of the judgment.
2. Short facts leading to the appeal are as under:-
Respondent No.1/writ petitioner was a student of Sapientia College of Psychology, Thodupuzha, Idukki district, respondent No.2 herein. Said college is affiliated to appellant No.1. Respondent No.1 joined the College in June, 2011 for doing one year diploma course in Counseling and Psychotherapy with two semesters. He completed the course, wrote all the papers and obtained the mark list dated 5.7.2014 (Exhibit-P4) from the Registrar of the 1 st appellant University. Thereafter, he completed the II Semester course and appeared in the examination held in June, 2012. However, the diploma certificate was not issued to the W.A.No.2559 OF 2019 3 1st respondent. It was stated that respondent No.2 herein has forwarded the minutes of Academic and Examination Committee meetings to IGNOU in order to enable them to issue diploma certificates to the students.
However, no action has been taken. Hence, the writ petition has been filed for a direction to the appellant No.1 to issue grade card and provisional certificate to the 1st respondent/writ petitioner, within a time frame to be fixed by the writ court.
3. Before the writ court, Indira Gandhi National Open University, appellant No.1, has filed a counter affidavit contending that despite repeated reminders, respondent No.2 College did not submit the required documents (minutes of the Examination Committee Meeting, List of Paper Setters, Moderators and Evaluators), which are mandatory as per the approved guidelines of the Community College Scheme. It was further contended that the College has finally submitted minutes of the Examination Committee Meeting on 21.01.2015 and the results of June, 2012 TTE were declared and placed on-line. However, the grade card could not be issued due to non-receipt of the results pertaining to the course, Psychological Aspects of Counseling of the Programme amounting to 4 credits out of 36 credits of Diploma in Counseling in Psychotherapy.
4. The Principal of Sapientia College of Psychology, Thodupuzha, respondent No.2 herein, has filed a counter affidavit contending that all W.A.No.2559 OF 2019 4 the requisite documents were forwarded to the 2 nd respondent immediately after the examination. It was further contended that the College was not informed of the deficiencies, if any, in the documents required. As per the approved syllabus of the course conducted by the College, the diploma course consists only of 32 credits. The contact classes could at the most fetch 24 x 6 = 144 hours and there was no intimation as to the requirement of 36 credits as stated by IGNOU. It was further contended that the prospectus of the College, which is approved by IGNOU, provides for eight courses and all those courses were shown to have only 32 credits. Therefore, IGNOU was insisting for the non-existing credit. The College has further contended that they did not get any intimation as to the requirement for more credits, which is stated to be the reason for non-issuance of grade cards. A total of 30 students appeared in the II Semester after they joined the course in accordance with the approved prospectus.
5. Before the writ court, an additional counter affidavit has been filed by IGNOU contending that as per the Manual for Community College, the minimum credits for the diploma programme is 32 and the maximum credit is 36. They further contended that the respondent College offered the diploma programme of 36 credits with 9 courses of 4 credits each. It was further contended that the respondent University would be able to W.A.No.2559 OF 2019 5 issue grade card and provisional certificate to the writ petitioner only after receiving the complete result of 9 courses from the College and the result pertaining to the course Psychological Aspects of Counseling, which is of four credits, was not received so far from the College. Thereafter, the programme could not be treated as successfully completed by the writ petitioner. It was also contended that the courses mentioned by the writ petitioner as well as the respondent College are different.
6. After hearing the rival contentions and perusing the material on record, writ court found that the 1st respondent college has provided courses of 32 credits only and there is no mention in the prospectus regarding 36 credits, as alleged by the 2nd respondent therein. Writ court further observed that whatever it may be, it is seen that the writ petitioner had undergone his course as early as in 2011-12 and it is unfortunate that the students, who completed their studies and appeared in the examinations successfully, were not granted certificates on account of disputes between the respondents. Therefore, writ court by the impugned judgment, directed Indira Gandhi National Open University, respondent No.2 therein, to issue grade card and provisional certificate to the petitioner within one month, as stated above.
7. Being aggrieved, Indira Gandhi National Open University (IGNOU), represented by its Nodal Officer, and the Vice Chancellor, respondent W.A.No.2559 OF 2019 6 Nos.2 and 3 before the writ court, have preferred this appeal on the following grounds:
"(a) Writ court has failed to take note of the fact that as per the minutes of the first academic meeting held in 17-12-2010 submitted by the College, the programme Diploma in Counseling and Psychotherapy is of 36 credits. The minutes of the academic Committee meeting were approved on 12 th January, 2011 evident from Annexure-A1 minutes.
(b) The approval of the minutes of the programme code and course codes were assigned to the respective community College as evident from Annexure-A2, which is the copy of e-mail sent by IGNOU to Community College on 22.02.2016.
The specific contention of IGNOU that the writ petitioner has not successfully completed 36 credits is not properly considered by the writ court and, therefore, the direction to declare the result is not possible, since the programme has not been completed by the student.
(c) It is imperative that the non receipt of the result / marks of the course was communicated to the Sapientia College vide e-mail dated 22-2-2016, evident from Annexure-A3 to which there was no reply.
(d) It is relevant to note that the number of students admitted for the programme in Diploma in Counseling and Psychotherapy in July 2011 session is 51. Out of these 51, 4 students had completed only 20 credits, 36 students have completed only 32 credits and remaining 11 students result was not received from the community College. In effect, none of the students enrolled for the programme in July, 2011 have W.A.No.2559 OF 2019 7 completed the course successfully, as evident from Annexure-A4, which is the list of students admitted for the programme.
(e) The contentions in the additional counter affidavit filed by the IGNOU have not been properly considered by the writ court. The details of courses offered by the Community College [Ext.R2(h)] would show that there are 36 credits to the course Diploma in Counseling and Psychotherapy.
(f) It is also one other issue, which is germane for consideration is that the IGNOU is not in a position to issue grade card and provision certificate to the writ petitioner, who has not completed the course. Therefore, the direction to issue the same is not legally sustainable.
(g) The laches on the part of the 2 nd respondent College and the fact that the writ petitioner has not chosen to proceed against the College for about 7 years, itself makes it clear that the writ petitioner is well aware of the fact that he has completed only 32 credits.
(h) It is relevant to note that the prospectus of the 2 nd respondent College is not approved by IGNOU. The Academic Committee Minutes in which the courses of the programme were laid out was approved, the same was communicated to the College on 21.01.2011. Therefore, the contention that the course has only 32 credits is not legally sustainable."
8. Learned counsel for the parties made submissions with reference to the pleadings and invited the attention of this Court to the prospectus and email correspondences. We perused the material available on record.
W.A.No.2559 OF 2019 89. Exhibit-P17 is the prospectus issued by the Sapientia College of Psychology, respondent No.2, wherein Course Structure, Credits on the Syllabus etc., are extracted hereunder:
"COURSE STRUCTURE CREDITS COURSE I Life Skills, Functional English and Computer Skills 4 COURSE II Theory and Practice of Counselling 4 COURSE III Personal Empowerment 4 COURSE IV ...........Practical/Project...............................4 COURSE V Pathology and Personality Typification 4 COURSE VI Cognitive Systems in Psychotherapy 4 COURSE VII Hypno-expedimental Systems in Psychotherapy. 4 COURSE VIII .......................Practical/Project...................4 ______________________________________________________________________________________ Total Credits: 32 __________________________________________________________ • Total training hours required: 30x32=960 Hours • Hours gained through regular contact classes: 24x6=144 Hours • Hours of self study to be done by the trainee: 960-144=816 Hours • Ways of gaining the 816 hours:
1. Workshops by the approved faculty
2. Internship by offering counseling services to the • Old age homes • Orphanages • HIV+s • De-addiction centres • Members of SHGs • School children W.A.No.2559 OF 2019 9 • Parents of school going kids
3. Self study in mini groups of 8 to 12 at Sapientia
4. Peer group training at Sapientia.
SYLLABUS Semester One Course I: Life Skills Unit 1: How lack of life skills necessitates counseling immersed mode of consciousness and emotional illiteracy. Unit 2: The tasks of improving behavior-enhavior as the source of behavior.
Unit 3: Monitoring the three elements of enhavior for attaining the witnessing mode of consciousness.
Unit 4: Practicing observation of enhaviour in moments of emotional disturbances.
Course II: Theory and Practice of Counseling Unit 1: The need to know what is man for helping people improve their behavior. GK Frame as a comprehensive description of the actual man and the potential man.
Unit 2: Non directive counseling: Stages - Attending, Responding, Personalizing and initiating. Unit 3: Attitudes: Respect: Genuineness: Empathy:
Concreteness, Self disclosure, confrontation, Immediacy Unit 4: Skill Step-of attending; of Responding; of Personalizing; of initiating Unit 5: Group counseling - the qualities of a group counselor
- monitoring devices in group counseling W.A.No.2559 OF 2019 10 Unit 6: Mass Counseling:-Stages: Turning inward, Witnessing:
owning: Deciding and Doing. The reasons why it is better than individual counseling - arrangements for Mass Counseling Unit 7: Pastoral Counseling: the need to enliven Scriptural lines with emotional literacy psychology , and the method thereof.
Unit 8: Marital Counseling: the superficiality of the presenting problem - The deeper structure of the problem is intra-psychic. One spouse counseling in marital problems.
Course III: Empowerment Unit 1: Natural food for man-the wisdom in going back to natural food whenever there is illness-the instinctual knowledge of animals when they are il-fasting Unit 2: Herbal medicine-plantain stem juice-ash gourd juice-tonic enema-spinal bath-sun bathing-herbal chutnies-herbal soup Unit 3: The correspondence systems of Sujok Therapy of Prof. Park Jae Woo-some treatment procedures of Sujok Therapy Unit 4:- Yogic exercise and Yogic breathing-Smile Tai Chi Course iv:Practical I/Project DCPT SEMESTER II COURSE V Pathology and Personality Typification SYLLABUS Unit 1: NEUROSES: Anxiety Disorder: Phobic ~: Obsessive Compulsive ~: Hysterical ~: Neurasthenic ~:W.A.No.2559 OF 2019 11
Depressive ~: Existential ~: Depersonalization disorder UNIT 2: SOMATOFORM DISPORDERS: Somatization Disorder:
Hypochondriasis ~: Somatoform Autonomic Dysfunction: Hyperventilation Syndrome: Irritable ? Bowel Syndrome: Pre-menstrual Syndrome: Somatoform Pain Disorder UNIT 3: PERSONALITY DISORDERS: Antisocial Personality Disorder: Histrionic P D; Narcissistic P D: Borderline P D: Paranoid P D; Schizoid P D: Schizotypal PD: Avoidant PD; Dependant PD; Obsessive Compulsive PD: Delinquency:
UNIT 4: PERSONALITY TYPIFICATIONS:Three-Fold Typification-
Four-Fold Typification-Six-fold typification-Nine-fold typification of Enneagram UNIT 5: ENNEAGRAM: History of Enneagram - Personality formation and patterns of thinking feeling and action-the tasks of achieving success and satisfaction UNIT 6: ENNEAGRAM: The Symbol of Enneagram -
determining a person's Enneagram number through questionnaire - Personality features of the nine types- the identity cards of each.
UNIT 7: ENNEAGRAM: The tasks of transforming oneself:
Brokenness signaled by centeredness: Heart, Head, and Gut- Wings and Arrows of Enneagram for guiding integration Course VI Cognitive Systems in Psychotherapy W.A.No.2559 OF 2019 12 SYLLABUS UNIT 1: Approaches in Psychotherapy: Cognitive-Hypnotic-
Experiential - Hypno - Experiential - Behavioral- Transitions from counseling to psychotherapy to healing UNIT 2: Basic Concepts in Freud's Depth Psychology: Id, Ego, Super ego-Conscious mind, Subconscious mind and Unconscious mind- Resistance and Repression- Defense mechanisms UNIT 3: Therapeutic Techniques of Freud: Free Association-
Dream interpretation-Psychology of errors-Critical appraisal of Freud UNIT 4: Transactional Analysis of Eric Berne: Theories of Stroke-- Egostate, Transactions, Life Positions, Racket, Discount, Games and Script-Stress in the light of TA--The tasks of remaining in Adult control UNIT 5: Therapeutic Techniques in Transactional Analysis:
Planning the route to change-Mapping the structure of problems-Separating past from present-Taking the first steps-Exploring childhood life plan-Blocking tragic outcomes-Making contracts for change- Challenging outdated beliefs-Making new decisions. UNIT 6: Rational Emotive Behavioral Therapy of Albert Ellis:
The eleven false beliefs that misguide people- confronting the beliefs in the therapeutic process. UNIT 7: Logo therapy of Victor Frankl: Philosophical foundations: Freedom of Will; Will to meaning: Meaning of Life-Neurotic escapism-Collective neuroses of the present day-Neurogenic Neurosis- Therapeutic technique:Paradoxical intention W.A.No.2559 OF 2019 13 Course VII Phenomenological Systems in Psychotherapy SYLLABUS UNIT 1: INTRODUCTORY: Psychotherapy Spirituality Continuum: The chattering of the mind and mental ill health-Religious/political fanaticism and mental restlessness-Peace of mind and spirituality-Mediation for mental peace-Psychology as the science of consciousness UNIT 2: Gestalt Therapy of Fritz Perls: The source of Gestalt Therapy-Basis concepts: The satisfaction of needs- Figure-Ground-Unfinished Business-the swinging of the mind between the past and the future- Awareness continuum, the need for UNIT 3: Therapeutic Techniques in Gestalt Therapy:
Confrontation for awareness continuum-letter writing two-chair/three-chair techniques UNIT 4: Basis Concepts in Neuro Linguistic Programming:
Primary Representational System-PRS predicates-The four-tuple-Eyes scanning cues-lead system-Meta Model Questions-Pacing and Leading UNIT 5: Therapeutic Techniques in NLP: Achoring-Collapsing anchors-Movie music-Swish technique-Circle of excellence-Reframing-Strategy operations- Dissociation-Inter personal technique of Milton Erickson-Erickson's Utilization Strategy - Hypnotic techniques.
UNIT 6: Awareness EquanimityTherapy, Basis Concepts of:
Analytical frams for understanding man-Enhavior as the source of behavior-the immersed and the W.A.No.2559 OF 2019 14 witnessing mode of consciouness-Universal therapeutic paradigm UNIT 7: Therapeutic Techniques in AET: The three Rules of self observation-Application of monitoring devices for self observation - Enhavior diaries-Behavior diaries-Journals-The RRR technique - Alpha techniques: for ending enmity, blessing others, designing the future.
CHAPTER VIII Practical ii/Project
1. Qualification: +2 or equivalent is the basic academic qualification. The aspiration to become a professional helper is the indispensable higher personal qualification.
The lack of this higher qualification is signaled by absenteeism, the expectation to be spoon fed, complaining, blaming, currying favor and the refusal to introspect and change For the better.
2. Admission: Shall be concluded in the Month of May every year; and the contact classes start on the second weekend of June. Those who join late will have to attend compensation classes For which they will have to make extra payments.
3. Fee: The fee for the Training Classes is Rs. 8000/-. lt could be paid. if the trainee wishes so, in two equal installments at the beginning of the semesters. Assignment fees, exam fees and special class fees and Special exam fees for those who do not attend the exam on time will be extra.
4. Training Schedule: (see to it in the separate sheet)
5. Attendance; 100% attendance is not too much for this course which seeks to impart a lot of knowledge and skill W.A.No.2559 OF 2019 15 in a very short time. Hence a person who misses a class would miss a lot; and might fail to understand the next class.
6. Timings : The class timing is from 10 am to 4 pm. The 1 st semester is from June to November and the 2nd semester is from December to May.
7. In case of absence: Leave application must be e-mailed citing the reason for the absence. However the trainee must take the initiative to organize extra classes before the next contact class.
8. Internal Assessment : The following are taken into consideration for giving marks :irregular attendance, punctuality, promptness in submitting assignments, performance in group activities, initiative shown in making DCPT a success, quality of assignments, class presentations, performance in the practical exams, visits to HIV +ve groups, jails, Mental Hospitals, old age homes. orphanages and de-addiction centers
9. Examinations: will consist of theory papers, practical and viva. Term -- End examinations will be conducted in the months of November and May.
i. Exam Fees to be paid by the trainees;
ii. for one written paper: Rs.5O/-
iii. for the assignments of one trainee:Rs.5O/-
10. In case of absence: The trainee must take the initiative to organize special exams at the candidates own cost. As it would need the setting of new question papers and the help of examiners who are ordinarily not available outside the usual second week-end programs. the fee required may not be a pittance.
W.A.No.2559 OF 2019 1611. Certifications: As the DCPT is recognized by the IGNOU, New Delhi, Original Certificates are issued by IGNOU. But there may occur delay in getting certificates from New Delhi. Till the original certificates arrive, the Provisional Certificate issued by Sapientia--lGNOU Community College is good enough for almost all practical purposes. The Fee for Provisional Certificate is Rs. 100/-.
12. Phones: Mobile phones should be switched off or must be kept in silent mode during class hours. Calls are allowed only during break time.
Feed Back system: A trainee has the right to submit in writing three types of feed backs. Type l is regarding the training inputs given; Type ll is on the amenities provided and, Type lll on interpersonal problems. Of the three types, the Type l feed backs are compulsory; and these have to be prepared at the end of each class and submitted at the end of the session. All feed backs will be treated with strict confidentiality.
Grading: You will be evaluated in three broad areas: personal effectiveness, academic performance. and skills development. Grades will be determined using the following Training Requirements Schedule:
• Participation in class experiential training groups..05% • Five verbatim reports....................................05% • Diary of personal experiences and reactions and reflections.................................................05% • Participation as client in five counseling sessions..05% • Personal self-analysis paper-Journal, Log book.....10% • Personal growth and development paper.............10% W.A.No.2559 OF 2019 17 • Two assignment papers..................................10% • Participation in all seminar and workshop discussions/activities................................05% • Group Project, Class presentation.................05% • Resume.................................................05% • Written examination..................................05% • Counseling and Psychotherapy under supervision..05% Your grade for this course will reflect both your performance on all assignments as well as trainer's assessment of 1) your interpersonal characteristics and 2) your potential for counseling effectiveness.
Although both academic understanding and counseling and psychotherapy skills are essential elements in the gaining of higher grades in this course, your grade will reflect not only your academic performance and skills but also your personal characteristics as evaluated by your trainers. lt is, therefore, possible to excel academically and receive a final grade less than an A or B as all grades reflect a combination of both objective and subjective assessments.
I3. Training Requirements:
a. 100% of attendance of the contact programs is compulsory. But a maximum absence of 30% may be condoned if valid reasons are furnished. The absence must be compensated through special classes conducted under the absentee's own initiative and expense.
b. This Diploma course consists of 32 credits. In IGNOU'S reckoning 30 hours of work input is required to earn 1 W.A.No.2559 OF 2019 18 credit. The contact classes could at the most fetch 24x 6=l44 hours. But 32 credits need 960 hours of study. it means a candidate is required to do a lot of self study. c. Self Study Log has to be maintained by a candidate to ensure an accurate account of the time given for the course. If this is not done there will set in self deception. The Log has to be submitted every month for inspection by the Principal or the Course facilitator.
14. Rules for Exam days:
a) All the assignments must have been submitted one month prior to the same day • Diaries: every month at the time of the contact program • Journal: every month at the time of the contact program • Verbatim Report: From the third month of the first semester, every month at the time of the contact program.
Assignments may be presented in manuscript form but it should be written legibly and neatly. If the hand writing is poor, the script must be type written in A4 size paper and must be spiral binded.
Participants are free to choose from the corrected and improved assignments submitted as monthly assignments. as the final assignment.
b. The log book must be presented at the time of viva. c. The candidate must be on time for the exam. In order to ensure this, the candidate may make use of the W.A.No.2559 OF 2019 19 residential facilities at Sapientia.
15. Food and Accommodation: Food and accommodation are available For all the candidates at reasonable cost. The candidates are expected to make use of these facilities for their own easiness in attending the classes.
16. Study Materials: Study materials and application forms are available at the office on payment. Rs.200 of application form is included with the course fee.
17. Continuing Training Provision: Even after finishing the course an ex-trainee may attend the training classes without paying fees for the classes. The forums of the All India Association of Counselors, Psychotherapists and Healers may be utilised by an ex-trainee by becoming a life member of the Association. The Association conducts continuing education seminars at least once in every 3 months.
18.Peer Group Trainers: Peer group training facility is meant for doubt clarification of the current batch of DCPT trainees. PGT are ex-trainees of DCPT who have scored 85% and above marks in both terminal examinations. Help from PGT can be had free of cost if the trainees take the initiative and ask them for help. The venue of the meeting shall be Sapientia. But prior permission must be taken from the Principal for avoiding inconveniences. The trainees may assemble at Sapientia for self study after informing the Principal.
19.Ethical Norms: The training sessions may occasion the revealing of personal matters. This is unavoidable while training counselors and psychotherapists. Therefore, a trainee is expected to maintain strict confidentiality in W.A.No.2559 OF 2019 20 personal matters revealed by both the trainees and the trainers. lt means gossiping is strictly forbidden. lf a trainee wishes to make some observations tor bettering the course and the amenities provided at Sapientia, they must be submitted in writing to the Principal and the Course facilitator both.
20. Training Workshops: The Syllabus of the course is such that it requires. (if a trainee wishes to have a thorough understanding of all the topics included in it) additional training hours in addition to the monthly l2 hours of training. The candidates may organize suitable workshops for the same. But the trainers must be chosen from among the Regular Faculty and the Visiting Faculty of Sapientia."
10. Certificate No.0036002 dated 5.7.2014 issued by the Registrar of appellant University (Exhibit-P4) is extracted hereunder:
"INDIRA GANDHI NATIONAL OPEN UNIVERSITY STUDENT EVALUATION DIVISION Maidan Garhi, New Delhi - 110068 STATEMENT OF MARKS * Under Community College Scheme Programme Code: CPO6001 EMPLOYMENT NO.:C11240870 COLLEGE CODE : CSC6825 REJI A. GEORGE CERTIFICATE NO 0036002 REJI A.GEORGE DATE: 05/07/2014 ALAPATTHU PARATHARA EDATHUA (PO) JUNE - 2012 ALAPPUZHA 689573 KERALA MONTH AND YEAR OF ADMISSION JULY-2011 COURSE COURSE COURSE CREDIT SCORE IN SCORE IN TEE MAX. OVERALL COURSE T.E.E. CODE TYPE TITLE CONTINUOUS MARKS MARKS STATUS EVALUATION TOTAL MARKS TOTAL MARKS OBTAINED OBTAINED CPO682 Theory Life 4 40 29 60 39 100 68 SC 1211 W.A.No.2559 OF 2019 21 5A Skills, English and Comput er CPO682 Theory General 4 40 31 60 43 100 74 SC 1211 5B Introduc tion of Counsell ing CPO682 Theory Psyco- 4 40 30 60 40 100 70 SC 1211 5C Social Aspects of Counseli ng CPO682 Theory Counseli 4 40 31 60 42 100 73 SC 1211 5D ng for integrati on and empowe rment CPO682 Practical Practical 4 40 39 60 43 100 82 SC 1211 5E Diploma in Counseling and Psychotherapy NOT COMPLETED Sd/-
REGISTRAR"
• The Admissions and Examinations of the above courses have been conducted by the community College.
• The Declaration of results shall be subjected to any further orders of the Hon'ble High Court in LPA 755/2013 and in other pending appeals and that declaration of the results would not create any special equity in favour of the students or the collaborator institution."
11. Exhibit-P5 communication dated 18.12.2018 sent to the Officer of the appellant University by the 2nd respondent communicating the Minutes of the Academic and Examination committee meetings is extracted hereunder:-
"Dear and Respected Dr.Satish, I received your intimation dated December 13, 2012 by e-mail. From here I have sent all the requested minutes of W.A.No.2559 OF 2019 22 academic and examination committee meetings, with the names of paper setters/moderators/evaluators and involvement procedures etc. as directed by you. Now l am forwarding you the hard copy of it,here students are troubling us because of the delay of their diplomas and certificates.
CSC 6825 Sapientia-community college, Muthalakodam, CPD 6001 diploma in counselling and psychotherapy-36 students have completed their both semester exam and sent their results to IGNOU. GMC 4001 certificate course 13 students completed their exam at the end of 6 months and submitted their results to IGNOU.
Now 60 students are waiting for admission for DCPT,so we need your positive reply soon.
Thanking you
18/l2/12
Muthalkodam Your's Faithfully
Principal
Sr. AquinaImpali1(S.H)"
12. Exhibit-P6 communication dated 10.02.2013 addressed to Mr.K.Ramesh by the 2nd respondent College is extracted hereunder:
"Dear and Respected Dr.Satish, From here I have sent all the requested minutes of academic and examination committee meetings, with the names of paper setters/moderators/evaluators and involvement procedures etc, as directed by Dr. Satish from IGNOU (18-12-2012). Now I wonder why we are asked to send the same thing again and again. Already the students are disturbing us requesting their diplomas and certificates.W.A.No.2559 OF 2019 23
From IGNOU, we were asked to wait for six months only for o\your screening of the community colleges. So far we did not get any information regarding
1. Issue of certificate and diplomas
2. Opening of courses
3. Suggestions to commence and proceed the courses We are really sorry that our requests are not heard by you. Please do the needful to begin the right and useful courses which are very helpful to the people around here.
Thanking you
Yours faithfully
Sr.Aquina Impalil
The Principal 10-02-2013"
13. Exhibit-R1(a) is a communication issued by IGNOU declaring the results online and the issuance of grade cards as well as provisional certificates. Said document is extracted hereunder:
"Date:July 24, 2013 To The Principals/In Charges of 146 Community Colleges Sub:-Declaration of Results and completion of the on-going Programmes-Regarding Dear Madam/Sir, This is to inform that the Board of Management (BOM) of the IGNOU in its 118 th Meeting held on 15th June, 2013, has decided to discontinue the existing Community College Scheme.
With regard to the status of declaration of pending results, the BOM in its 118th Meeting held on June 15, 2013, has approved the recommendation of the Screening Committee to declare the W.A.No.2559 OF 2019 24 pending results up to December, 2011 Term-Eng Examination of 130 Community Colleges. Here, it would be pertinent to state that the pending results upto December 2011 Term-Eng examination of 16 Community Colleges, on the recommendations of the Screening Committee, duly approved by the Board of Management in its 117th Meeting held on January 5, 2013, have already been declared online by the University. The process regarding issuance of Grade Cards and Provisional Certificates to the successful candidates from the said 146 Community Colleges has already started. The Grade Cards and Provisional Certificates shall be dispatched in the respective Community Colleges shortly.
With regard to the status of the students whose examinations have not so far been conducted, the BOM in its 118 th Meeting held on 15th June 2013, has decided that the future examinations for the students enrolled under Community College Scheme shall be conducted by the Student Evaluation Division (SED) as per the laid down procedures of the University. The Community Colleges shall be involved in the examination process as examination centres.
Accordingly, in order to initiate further action regarding para above, you are hereby requested to provide the following information pertaining to the on-going Programmes in your Community College to work out further course of action by the University regarding academic issues, conduct of examinations which were due in June 2012 onwards till date, etc. • Programme/s Grade/s, Title/s Credits and Duration • Course/s Code/s, Title/s, Credits and Duration • Syllabi of all Courses in Programmes on offer in your Community College (Soft as well as Hard Copy of the Syllabi) W.A.No.2559 OF 2019 25 • Panels of Paper Setters, Moderators, and Evaluators for all Courses in Programmes on offer in your Community College. It should include their Nems, Contact Details along with email id, Phone/Mobile Number and Brief Curriculum, Vitae, Panels for each Course should have names of minimum 10 persons. Please send the desired Panels in Soft as well as Hard Copy.
• Minutes of the Meetings of Examination Committee, Academic Committee and Community College Board since January, 2012.
• Whether Fee has been deposited, if yes, details thereof. • Details regarding due Date of Pending Examination for Different Programmes. The information is to indicate the Number of Courses in different Programmes for which the Examination is due to be held immediately or/and in future, in the following Format:
Programme/s Course/s Number of Examination Likely Date Code/s Code/s Examiners in Already Due of each Examination Programme/Cour to be held in se (Batch wise) Future It is presumed that by now all academic activities pertaining to the Programmes, whose Exams are due, must have either been completed or nearing completion in your Community College.
Kindly send the Material/Information asked for through Soft Copy at [email protected] and Hard Copies with 'CONFIDENTIAL' written on the envelop to Ms. Archana Jain, Community College Unit, Room Number-8, Block-G, New Academic Complex, Indira Gandhi National Open University, Malabar Garhi, New-Delhi-110068.
An early action shall be obliging Regards Yours faithfully Sd/-
(Pradeed Sahni) W.A.No.2559 OF 2019 26
14. Exhibit-R1(b) is the communication dated 28.10.2014, wherein the University has decided to consider the results of the students, who appeared for the examinations during the period of abeyance of the Scheme. The same is extracted hereunder:
"Dear Sir/Madam The University has received the results for Term End Examinations June, 2012 from your Community College. However, the minutes of the Examination Committee meeting for Term End Examination June, 2012 have not been received so far.
You are requested to forward the minutes of the Examination Committee meeting to this office latest by 31 st October, 2014 to enable the Community College Unit to start further processing of results for Term End Examination June, 2012.
With regards, Nodal Officer Community College Unit"
15. Exhibit-R1(d) is also a similar communication like Exhibit-R2(b) and the same is extracted hereunder:
"Madam, With reference to our earlier mails dated 20/10/2014, 28.10.2014 and 30.10.2014 requesting the college to provide Minutes of Examination Committee Meeting for June 2012 TEE conducted by your college, list of Paper Setters, Moderators and Evaluators. Despite our repeated requests, W.A.No.2559 OF 2019 27 the desired information/documents are still awaited from your Community College.
Further, it is informed that CCU is in receipt of a Communication from Mr.Reji George, Secretary, Students' Forum, Sapientia-IGNOU Community College for issue of GC/PCs for the students appeared in June, 2012 TEE. You are therefor requested to send the desired documents/information to CCU at the earliest to enable the University to take appropriate action.
With regards Nodal Officer Community College Unit, IGNOU"
16. Exhibit-R1(f) is the reply sent by IGNOU to the learned counsel for the petitioner and the same is extracted hereunder:
IGNOU GANDHI NATIONAL OPEN UNIVERSITY COMMUNITY COLLEGE UNIT IG/CCU/18-19/13346 Dt.30-05-2018 Sub: Legal notice from Shri V.J. James, Advocate This refers to the legal notice dated 8-05-2018 received from Shri V.J. James, Advocate, Cochin. Community College Unit regarding non receipt of marksheet for Diploma in Counselling and Psychotherapy of Sapientia Community College (CSC6825) Muthalakodam, Thodupuzha, Idukki.
In this connection, point-wise inputs of CCU are submitted below:
1. No comments W.A.No.2559 OF 2019 28
2. No comments
3. Mr. Reji A. George was given admission into Diploma in Counselling and Psychotherapy (CPD6001) in June 2011 bearing enrollment No.C11240870 through Sapientia Community College registered under Community College Scheme. The IGNOU fee for admission to Diploma Programme under Community College Scheme was Rs.500/- and examination fee was Rs.50/- per student. As per the guidelines of the Community College Manual, a Community College has to submit a consolidated Demand Draft in both the cases in respect of all the students who appear in the examinations.
4. The result as received, from the Sapientia Community college was timely declared and placed online for the 1 st semester. However, as the Community College Scheme was kept in abeyance and the University had communicated the same to all Community Colleges not to conduct the examinations for June 2012. Inspite of this, the Community College conducted the examinations in June 2012 and sent the result to the university headquarters in violation of the instructions circulated by the university.
5. As a special case, taking special measures, the University decided to consider the result of the students who took examination during the period of the abeyance of the Scheme.
Accordingly, the CCU, IGNOU had communicated vide email dated 20.10.2014 followed by subsequent reminders on 28.10.2014, 30.10.2014 and 9.1.2015 to Sapientia Community College. However, inspite of the reminders the Community College did not submit the required documents (Examination Committee Meeting Minutes, List of Paper Setters, Moderators W.A.No.2559 OF 2019 29 and Evaluators) which are mandatory as per the approved guidelines of the Community College Scheme, so as to place the same before the Screening Committee for consideration and declaration of results of June 2012 TEE (conducted by them during the period of abeyance of the Community College Scheme) (Annexures A to D)
6. No comments
7. The Sapientia Community College submitted the minutes of the Examination Committee Meeting only on January 21, 2015. Accordingly, the results of June 2012 TEE as received were declared and placed on-line (copy of online result is enclosed as Annexure E. The OC/PC for the same could not be issued due to non-receipt of result pertaining to the course 'Psychological Aspects of Counselling (CPO6825F)' of the programme amounting to 4 credits out of 36 credits of Diploma in Counselling in Psychotherapy.
8. Refer to point 7. The non-receipt of the result marks of 'Psychological Aspects of Counselling (CPO6825F)' was communicated to the Sapientia Community College vide our email dated 22.02.2016 (Annexure-F), to which no reply has been received from the College so far. It is again reiterated that the student has not passed the programme for want of result of 'Psychological Aspects of Counselling' and therefore, in the current situation OC and PC cannot be issued.
Submitted please
Assistant Director, CCU On leave
Nodal Officer, CCU"
W.A.No.2559 OF 2019 30
17. Record of proceedings shows that the appellants have filed I.A. No.2 of 2019 for accepting certain documents produced along with the appeal. The application was allowed by an order dated 7.1.2020.
Annexure-A1 is the minutes of the Academic Committee meeting and e-
mail dated 12.01.2011. Perusal of Annexure-A1 discloses that the programme, Diploma in counseling and Psychotherapy (DCPT), has 36 credit points and it was approved by IGNOU on 12.01.2011. Thereafter the Programme Code and Course Codes were assigned to the respective Communicate College. Annexure-A2 e-mail dated 21.01.2011 sent to the Community College is extracted hereunder:
"CSC6825 Sapientia Community College 1 CPD6001 Diploma in Counseling and Psychotherapy Course Name Course Code Credit 1 Counseling for integration and CPO6825D 4 Empowerment 2 General Introduction of Counseling CPO6825B 4 3 Life Skills, English and Computer CPO6825A 4 4 Management of stress and crisis CPO6825H 4 5 Practical - 1 CPO6825EL 4 6 Practical - 2 CPO6825IL 4 7 Psychological aspects of counseling CPO6825F 4 8 Psychotherapy CPO6825G 4 9 Psyco-Social Aspects of Counseling CPO6825C 4
18. Perusal of the material on record shows that due to non receipt of the results of Psychological Aspects of Counseling course, a W.A.No.2559 OF 2019 31 communication dated 22.02.2016 (Annexure-A3) was sent by IGNOU to Community College specifically pointing out that all the credits required for successful completion of Diploma in Counseling and Physiotherapy programme has not been received. Annexure-A3 is extracted hereunder:
Grievance No.DSEHE/E/2016/00353 regarding Non-receipt of Results of Mr. Reji A. George
--------------------------------------------------------------------------------- Community College Unit (CCU) Mon. Feb. 22, 2016 at 5.39 PM To: "Sr.Acquina Impalil"
Cc: student service centre Bcc: NEETA KAPAI....
Dear Sir, CCU is in receipt of grievance from PG Portal vide registration No.DSEHE/E/2016/00353, dated 20.01.2016 of Mr. Reji. A. George which has been received in CCU on 22.02.2016 regarding non- receipt of Diploma in Counselling and Psychotherapy Course. The case has been examined in CCU and it has been found that as per records available in CCU that all the credits required for successful completion of the programme of Diploma in Counselling and Psychotherapy have not been received.
The credits/results as received from your community college have already been placed online by the University in order to complete the course a candidate is required to pass 36 credits whereas CCU received only 32 credits of result from your College.
Please immediately let us know if any of his awards/result is pending at your College The matter may please be given priority.W.A.No.2559 OF 2019 32
..
With regards, Community College Unit, IGNOU"
19. The main contention advanced by IGNOU is that the course conducted by Sapientia College of Psychology, respondent No.2, does not have 36 credits, but had only 32 credits. It is the stand of the College that the course consisted only 32 credits and only after approval of the Prospectus by IGNOU, students were admitted to the College, written their first semester examinations and results were also declared. At the risk of repetition, course content of Sapientia Community College and IGNOU are extracted hereunder:
Course Structure Sapientia College IGNOU Course Course Credits Course Name Course Code Credit Name COURS Life Skills, 4 1. Counselling CPO6825D 4 E I. Functional for integration English and and Computer empowerment Skill COURS Theory 4 2. General CPO6825B 4 E II. and Introduction of Practice of Counselling Counseling COURS Personal 4 3. Like Skills, CPO6825A 4 E III. Empowerm English and ent Computer COURS Practical 4 4. Management CPO6825H 4 E IV. Project of stress and crisis W.A.No.2559 OF 2019 33 COURS Pathology 4 5. Practical-1 CPO6825DEL 4 E V. and Personality Typification COURS Cognitive 4 6. Practical-2 CPO6825IL 4 E VI. Systems in Psychother apy COURS Hypno- 4 7. Psychological CPO6825F 4 E VII. experiental aspects of Systems in counselling Psychother ap COURS Practical/Pr 4 8. CPO6825G 4 E VIII oject Psychotherapy
9. Psyco-Social CPO6825C 4 Aspects of Counselling Total Credits 32 Total Credits 36
20. A comparative study of the course contents indicates that there is possibility of Course II mentioned consolidately as 'Theory and Practice of Counseling' in the College Prospectus, be split into (2) General Introduction of Counseling, (7) Psychological aspects of counselling and (9) Psyco-Social Aspects of Counseling by IGNOU. There are two practicals in the entire course content. Prospectus contains all the details of the topics covered under the above subjects. Prospectus also stipulates the training hours required, number of contact classes, internship in various places etc. Prospectus is stated to have been approved by IGNOU.
Although the names of the courses are different, IGNOU admittedly has W.A.No.2559 OF 2019 34 approved the Prospectus. IGNOU ought to have only considered as to whether the Prospectus covers all the topics mentioned in the course content of IGNOU. Statement of Marks of the first semester examination has been published and respondent is stated to have received the mark-
list (Exhibit-P4) dated 05.07.2014 from the Registrar of University.
Students who have completed the course have to wait for such a long period. Seven years have elapsed since the completion of the course.
Writ court has considered the rival contentions in proper perspective and issued directions. There are no valid grounds to interfere with the judgment impugned. Writ appeal is dismissed. Appellants are directed to issue Grade Card and Provisional Certificate to the 1 st respondent for the diploma course in Counseling and Psychotherapy, within a period of one month from the date of receipt of a copy of this judgment.
SD/-
S.MANIKUMAR CHIEF JUSTICE SD/-
SHAJI P.CHALY JUDGE Krj.15/1 W.A.No.2559 OF 2019 35 APPENDIX APPELLANTS ANNEXURES:-
A1:- TRUE COPY OF THE MINUTES OF THE ACADEMIC COMMITTEE MEETING AND THE E-MAIL DATED 12-1-2011.
A2:- TRUE COPY OF THE E-MAIL COMMUNICATION WITH DETAILS OF THE PROGRAMME DATE:21/1/11.
A3:- TRUE COPY OF THE E-MAIL COMMUNICATION SENT BY IGNOU TO COMMUNITY COLLEGE DATED 22-2-2016.
A4:- THE LIST OF STUDENTS ADMITTED FOR THE PROGRAMME.
RESPONDENTS' ANNEXURES:-NIL //TRUE COPY// P.A. TO JUDGE