IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 35555 of 2010(T) ------------------------------------ PETITIONER(S): -------------------------- MANAGER,PRAJYOTI NIKETAN COLLEGE, PUDUKAD,THRISSUR DISTRICT, PIN 680 301. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): ------------------------ 1. UNIVERSITY OF CALICUT,REP.BY ITS REGISTRAR, THENHIPPALAM,CALICUT UNIVERSITY PO, MALAPPURAM DISTRICT, PIN 673 635. 2. CHAIRMAN,BOARD OF STUDIES IN PSYCHOLOGY (PG),UNIVERSITY OF CALICUT, THENHIPPALAM,CALICUT UNIVERSITY PO, MALAPPURAM DISTRICT, PIN 673 635. 3. THE ACADEMIC COUNCIL, UNIVERSITY OF CALICUT,THENHIPPALAM, CALICUT UNIVERSITY PO, MALAPPURAM DISTRICT, PIN 673 635. 4. STATE OF KERALA,REP.BY COMMISSIONER AND SECRETARY,HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETRIAT,THIRUVANANTHAPURAM , PIN 695 001. R1 – R3 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. R4 BY GOVT. PLEADER SRI.T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, ALONG WITH WPC NO. 3919 OF 2011 & WPC. NO.16032 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.35555/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PORTION OF THE G.O.(MS) 39/2001/H.EDN. DTD. 23.7.2001 ISSUED BY THE 4TH RESPONDENT. P2:- COPY OF THE ORDER DTD 20.10.2001 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE ORDER DTD. 11.1.2002 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE ORDER NO.GA.1/D2/3199/02 DTD. 4.11.2006 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE ORDER IN GO.(MS) NO.260/2010/H.EDN. DTD. 20.8.2010 ISSUED BY THE 4TH RESPONDENT. P6:- COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF STUDIES OF CALICUT UNIVERSITY HELD ON 3.11.2009. P7:- COPY OF THE LETTER DTD. 9.11.2009 OF DR.JAYAN, CHAIRMAN, BOARD OF STUDIES PSYCHOLOGY (PG), UNIVERSITY OF CALICUT. P8:- COPY OF THE LETTER DTD. 13.11.2009 OF THE PETITIONER TO THE IST RESPONDENT. P9:- COPY OF THE LETTER DTD. 16.11.2009 OF DR. GANESAN VEDAGIRI. P10:- COPY OF THE LETTER DTD. 29.10.2009 OF THE PETITIONER TO THE IST RESPONDENT. P11:- COPY OF THE LETTER DT. 11.8.2010 OF THE PETITIONER TO THE IST RESPONDENT. P12:- COPY OF THE LIST DTD. 15.7.2010 OF CANDIDATES FURNISHED BY THE UNIVERSITY. P13:- COPY OF THE ORDER DT. 27.7.2010 ISSUED BY THE IST RESPONDENT. P14:- COPY OF THE ORDER DTD. 23.9.2010 ISSUED BY THE IST RESPONDENT. P15:- COPY OF THE LETTER DTD. 18.10.2010 OF THE PRINCIPAL. P16:- COPY OF THE TABULATED ASSESSMENT. P17:- COPY OF THE ORDER NO.GA IV/J2/4029/07/VOL.II DTD. 8.12.2010 ISSUED BY THE UNIVERSITY OF CALICUT. tss W.P.(C) NO.35555/2010 P18:- COPY OF THE RELEVANT PORTION IN PSYCHOLOGY , 3RD ED., (2001), WILLIAM KASSIN, PRENTICE HALL, N.J. PAGE 30. P19:- COPY OF THE RELEVANT PAGE OF HANDBOOK OF PSYCHOLOGY VIL.I, DONALD FREEDHEIM EDS. (2003), JOHN WILEY& SONS, P.352. P20:- COPY OF THE RELEVANT PAGE OF HANDBOOK OF PSYCHOLOGY VOL.I, DONALD FREEDHEIM EDS. (2003), JOHN WILEY & SONS, P.344. P21:- COPY OF THE RELEVANT PAGE OF INTERNATIONAL ENCYCLOPEDIA OF PSYCHIATRY, PSYCHOLOGY, PSYCHOANALYSIS & NEUROLOGY, VOL.3 OF 12, BENJAMIN B.WOLMAN EDS (1977), AESCULAPIUS PUBS. N.Y., P.178). P22:- COPY OF THE LIST CONTAINING THE NAMES OF 50 FORMER STUDENTS OF PETITIONER'S COLLEGE WHO ARE NOW EMPLOYED IN THE FILED OF CLINICAL PSYCHOLOGY OR ADMITTED TO HIGHER STUDIES. P23:- COPY OF THE LETTER DTD. 21.10.2009 OF THE PETITIONER TO THE HONOURABLE MINISTER FOR EDUCATION. P24:- COPY OF THE LETTER DTD. 3.5.2002 OF THE PETITIONER ADDRESSED TO THE CHAIRPEPRSON, BOARD OF STUDIES IN PSYCHOLOGY (PG) CALICUT UNIVERSITY. P25:- COPY OF THE LIST OF REFERENCES ON THE SUBJECT OF HUMANISTIC HOLISTIC PSYCHOLOGY & YOGA AS THE THERAPEUTIC TOOL. P26:- COPY OF THE RELEVANT PAGE OF THE THESIS. P27:- COPY OF THE RELEVANT PAGE OF HANDBOOK OF PSYCHOLOGY, VOL8, GEORGE STICKER, EDS. (2003), JOHN WILEY & SONS, NY.P.302. P28:- COPY OF THE RELEVANT PAGE OF HANDBOOK OF PSYCHOLOGY , VOL.8(2003), OP.COT.P 321.) P29:- COPY OF THE CONTENT OF THE BOOK OF CULTURAL CLINICAL PSYCHOLOGY. P30:- COPY OF THE APPROVED HOSPITALS, WHERE M.SC, CLINICAL PSYCHOLOGY STUDENTS. P31:- COPY OF THE COMPARATIVE ANALYSIS OF P.G. PSYCHOLOGY SYSTEM. P32:- COPY OF THE RELEVANT PAGE OF MODERN CLINICAL PSYCHOLOGY , SHELDON J.KORCHIN(2004), CBS PUBS., NMEW DELHI. P22. P33:- COPY OF THE NOTIFICATION NO.GAIV/E3/6437/2010 DTD. 4.5.2011 ISSUED BY THE UNIVERSITY. P34:- COPY OF THE NEWS ITEMS DTD. 12.5.2011 APPEARD IN MALAYALA MANORAMA DAILY. tss W.P.(C) NO.35555/2010 RESPONDENT'S EXHIBITS R1(a):- COPY OF THE MINUTES DTD. 2.7.2010 ALONG WITH THE MINUTES OF MEETING HELD ON 3.11.2009. R1(b):- COPY OF THE SYLLABUS SO FINALISED ON THE CHOICE BASED CREDIT SEMESTER SYSTEM. R1(c):- COPY OF THE UNIVERSITY ORDER DTD. 7.8.2010. R1(d):- COPY OF THE DETAILS OF THE COURSE. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 ----------------------------------------------------- Dated this the 11th day of July, 2011 J U D G M E N T The issue raised in these writ petitions are common and therefore these cases were heard together and are disposed of by a common judgment. W.P.C.16032/11 is treated as the leading case and documents referred to hereunder are those produced in that case. 2. Heard the counsel for the petitioners and the learned Standing Counsel appearing for the respondent, University. 3. Ext.P1 is the Government order dated 27.3.2001 according sanction to the petitioner for starting a Post Graduate course in M.Sc Clinical Psychology. Subsequently, the respondent-University issued Ext.P2 order dated 20.10.2001, granting affiliation to the said course for the academic year 2001-2002. However, in Ext.P2 the course was described as M.Sc Psychology. It is stated that the aforesaid mistake was pointed out to the University and the University issued Ext.P3 W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 -:2:- order dated 11.1.2002 correcting the name of the course in Ext.P2 order as M.Sc Clinical Psychology. 4. Subsequently by Ext.P4 order dated 4.11.2006, permanent affiliation in relation to the aforesaid course was granted from the academic year 2006-2007 onwards. The course as granted under Exts.P1 to P4 was in the unaided sector. Later by Ext.P5 order of the Government dated 20.8.2010, the course was converted into one in the aided sector. Petitioner also has referred to Exts.P26 order of the University whereby the University has approved the syllabus for the course in question. 5. While matters stood thus, Ext.P6 communication was issued by the Registrar of the University to the Chairman and members of Board of studies in Psychology(PG) of the University, enclosing the Minutes of the meeting of the Board of Studies in Psychology(PG). Among the items discussed, one was regarding the pattern as well as syllabi of M.Sc. Clinical Psychology. It is further stated in the Minutes as follows. “The board discussed the present pattern and syllabi of M.Sc. Clinical Psychology and recommended to modify it and change into the syllabi common pattern W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 -:3:- of M.Sc. courses of University of Calicut. The Chairman is entrusted to frame course pattern, prepare the syllabi, in consultation with experts, do allocation of papers for preparation of the draft and submit before the next board of studies meeting of Psychology (PG). The Board resolved to continue the recommendation for recognition and equivalency of the course. (M.Sc. Clinical Psychology) only after implementing such changes/modification from the next academic year onwards(2010 admission). 6. It was following issuance of Ext.P6 that WPC 35555/10 was filed by the Manager of the College. In the meanwhile, entrance test was conducted by the University for admission to M.Sc. Clinical Psychology for the academic year and based on Ext.P11 results, the College admitted students, who are the petitioners in WPC 3919/11. In WPC 35555/10, this court passed interim order dated 3rd January, 2011, a copy of which is Ext.P15 in WPC 16032/11 and the order reads as follows. “Respondent University is directed to file an additional affidavit explaining whether under the restructured pattern W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 -:4:- for M.Sc. Psychology, the subjects taught by the petitioner for M.Sc. Clinical Psychology are also available. The affidavit shall be filed within three weeks. Post on 18.1.2011.” 7. While so, the University issued Ext.P14 order dated 8.12.2010, changing the nomenclature of the course of M.Sc. Clinical Psychology into M.Sc./M.A. Psychology. Ext.P14 shows that the Board of Studies resolved to ratify the recommendations to equate M.Sc. Clinical psychology of the University to M.Sc. M.A. Psychology of the University. The order also shows that the Vice Chancellor has approved the Minutes. Ext.P14 reads as follows. “As per paper read as 1st above M.Sc. Clinical Psychology course of this University was recognized as equivalent to M.Sc./M.A. Psychology courses of University of Calicut for higher studies and employment. As per paper read as 2nd the Academic Council resolved to keep the order in abeyance and to refer back the matter back to the Board of Studies. The Board of Studies in Psychology (PG) in the light of UO W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 -:5:- No.GA I/J2/876/04 dated 02.11.2006 and note to Board of Studies No. GA I/J2/876/04 dated 20.03.2009 resolved to ratify the recommendation to equate M.Sc. Clinical Psychology of the University of Calicut to M.Sc./MA Psychology of this University for higher studies and employment till the date of the meeting, that is, 03/11/2009, vide paper read as 3rd above. The Board of Studies in Psychology (PG) vide paper read as 4th endorsed the resolutions on item No.1, 2 and 3c of the Board of Studies held on 03.11.2009. The Vice- Chancellor, due to exigency and exercising the powers of the Academic Council, as paper Chapter III, Section 10(13) of the Calicut University Act, approved the minutes of the meeting of the Board of Studies in Psychology (PG) held on 2.7.2010 subject to ratification by the Academic Council of the House vide paper read as 5th ratified the same. Sanction has therefore been accorded for implementing the recognition of M.Sc. Clinical Psychology of University of Calicut to W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 -:6:- M.Sc./M.A. Psychology of this University till 3.11.2009.” 8. It is on issuance of Ext.P14 that the Manager has filed WPC 16032/11. 9. Although the petitioners as well as the students have several contentions on the merits of the controversy and the University is also trying to justify what they have done, I do not think it necessary to go into those issues for the disposal of these cases. Admittedly, the proceedings resulting in Ext.P14 order, substantially affects the rights of the College as well as the Students undergoing the course in question. The change was introduced, without issuing notice to the College or students and they were also not given any opportunity to make their representations in the matter. Thus in issuing Ext.P14 natural justice was not complied with. Since the University has no case that the principles of natural justice was complied with, I quash Ext.P14 and dispose of the Writ Petition with the following directions. 10. If the University wants to equate M.Sc. Clinical Psychology to M.Sc./M.A. as stated in Ext.P14 order referred to above and change the syllabi thereof, the University shall issue notice to the College, affording them an opportunity to make W.P.(C) Nos. 35555 OF 2010, 3919 of 2011 and 16032 of 2011 -:7:- their representations in the matter and thereafter pass a fresh order indicating their decision and communicate the same to the College. 11. Having regard to Ext.P15 order, it is directed that until the aforesaid process is completed and a decision is taken the petitioner College will be permitted to conduct the course of M.Sc. Clinical Psychology and the examinations thereof will also be held by the University. In the light of the above directions no separate orders are called for in WPC 35555/10 and 3919/10 which will also stand disposed of in the light of the judgment in WPC 16032/2011. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge