Sapientia Community College vs Indira Gandhi National Open ...
2021 Latest Caselaw 9419 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                       WP(C).No.2329 OF 2021(M)


PETITIONER:

               SAPIENTIA COMMUNITY COLLEGE
               MUTHALAKODAM, THODUPUZHA, IDUKKI, KERALA-685605,
               REP. BY ITS PRINCIPAL SR. ACQUINA IMPALIL.

               BY ADV. SMT.K.V.RASHMI

RESPONDENTS:

      1        INDIRA GANDHI NATIONAL OPEN UNIVERSITY
               MAIDAN GARHI, NEW DELHI-110068,
               REP. BY ITS REGISTRAR.

      2        VICE CHANCELLOR,
               INDIRA GANDHI NATIONAL OPEN UNIVERSITY,
               MAIDAN GARHI, NEW DELHI-110068.

               R1-2 BY ADV. SRI.K.MOHANAKANNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2329 OF 2021

                                         2



                                 JUDGMENT

Dated this the 22nd day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) A Writ of Mandamus or any other appropriate Writ Order or direction directing the respondents to issue the grade card and the certificate for the programme Diploma in Counselling and Psychotherapy under the Community College Scheme of IGNOU through the petitioner College as is issued to one student through Ext.P8, in compliance with the judgment of this Hon'ble court contained in Ext.P6 and Ext.P7, forthwith.

ii) A Writ of Mandamus or any other appropriate Writ, order or direction to the respondents to consider and pass favourable orders on Ext.P9 and P10 representations pending before them, within in a time frame fixed by this Hon'ble court and report it before this Hon'ble court"

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondent-University.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is a college conducting the courses Diploma in Counselling

and Psychotherapy and Certificate Course in Geriatric Medicine which

has been approved by the respondent-University. It is submitted that

though the semester examinations have been conducted, the grade

cards and certificates had not been issued to the students of the WP(C).No.2329 OF 2021

petitioner college. One of the students of the petitioner's college have

approached this Court and by Ext.P6 judgment, there was a direction

to the respondents to issue the grade card and provisional certificate

to the petitioner therein. The matter was taken in appeal and Ext.P7

judgment was rendered by the Division Bench. It is submitted that the

other students who have attended the course from the petitioner

college are also entitled to the same relief.

4. A statement had been placed on record by the respondent-

University contending that though the issue stands covered by the

judgments of this Court as produced in Exts.P6 and P7, the directions

there was to issue the grade card and provisional certificate in respect

of the petitioner therein alone. It is submitted that the name of the

students who had successfully completed the programme is

mentioned in Ext.P10. The enrollment number of the students who

had completed the programme from the college were not made

available by the petitioner and that the University had no means to

check the details. The learned standing counsel for the University

submits that if the details are made available before the University,

the University will verify the details and issue the grade cards and the WP(C).No.2329 OF 2021

provisional certificates to the students who are eligible for the same.

5. The petitioner has filed Ext.P12 along with I.A.No.1/2021

producing the names, enrollment numbers and other details of the

students who have completed the course from the college.

6. Having considered the contentions advanced on either side, I

am of the opinion that the issue can be resolved by directing that if

the petitioner approaches the University within 10 days with the

details of the students as available in Ext.P12, University shall verify

the same and take appropriate steps to issue grade cards and

provisional certificates to the eligible students. The entire procedure

shall be completed within a period of one month from the date of

production of the details by the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.2329 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION GRANTED TO THE PETITIONER TO RUN THE COMMUNITY COLLEGE DATED 11.1.2011.

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 20.11.2010 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 6.12.2010 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 19.6.2019 PASSED BY THIS HON'BLE COURT IN WPC NO.23793/2013.

EXHIBIT P5 A TRUE COPY OF THE DOCUMENT PRODUCED IN WP(C) NO.23793/2013 AS EXT.R1(A).

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN WPC NO.31443/2018 DATED 19.6.2019.

EXHIBIT P7              A TRUE COPY OF THE JUDGMENT IN
                        W.A.NO.2559/2019 DATED 14.1.2020.

EXHIBIT P8              A TRUE COPY OF THE LETTER ENCLOSED WITH THE

CERTIFICATE ISSUED TO MR.REJI A. GEORGE ISSUED BY THE IGNOU DATED 13.3.2020.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION SENT BY THE STUDENTS DATED 17.4.2020.

EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 5.6.2020 SENT BY THE PETITIONER.

EXHIBIT P11 A TRUE COPY OF THE PROSPECTUS OF THE PETITIONER APPROVED BY THE RESPONDENTS.

EXHIBIT P12 A TRUE COPY OF THE ENROLLMENT DETAILS OF THE 35 STUDENTS.

RESPONDENT'S/S EXHIBITS:

ANNEXURE R1(a) TRUE COPY OF THE NOTIFICATION ISSUED BY IGNOU DATED 11-1-2011 WP(C).No.2329 OF 2021

ANNEXURE R1(b) TRUE COPY OF THE RELEVANT PAGES OF THE MANUAL OF COMMUNITY COLLEGE

ANNEXURE R1(c) TRUE COPY OF THE E-MAIL DATED 20-10-2014 SENT TO THE COMMUNITY COLLEGE

ANNEXURE R1(d) TRUE COPY OF THE E-MAIL DATED 28-10-2014 SENT TO THE COMMUNITY COLLEGE

ANNEXURE R1(e) TRUE COPY OF THE E-MAIL DATED 30-10-2014 SENT TO THE COMMUNITY COLLEGE

ANNEXURE R1(f) TRUE COPY OF THE E-MAIL DATED 9-1-2015 SENT TO THE COMMUNITY COLLEGE