ST. ALOYSIUS COLLEGE Vs. HARSHARAJ GATTY AND ORS.

JUDGEMENT

(1.) Two of the complainants / respondent took admission in the MS (Communication) course of the petitioner college in May, 2008, whereas the remaining two complainants took admission in Master of Communications & Media Studies course in May, 2009. The complainants who took admission in May, 2009, paid Rs.1,14,000/- each, whereas the other two complainants paid Rs.80,000/- each as the course fee to the petitioner. The aforesaid courses, according to the complainants, were started by the petitioner college without approval of the Mangalore University, which was the University that could have granted degree to the complainants on completion of the course. As a result, the University did not award degree to the complainants when they passed out from the college. Being aggrieved, they approached the concerned District Forum by way of separate complaints, seeking appropriate compensation.

(2.) The complaints were opposed by the petitioner, denying any misrepresentation to the complainants. It was stated in the reply, that being an autonomous Institution, the college could have started a new course with the approval of its Academic Council, subject to its fulfilling the minimum standards prescribed by the University / UGC, in terms of number of hours, curricular and standard, and it was only required to inform the University of starting the new course. It was further stated that the course was started from the Academic year 2008-09 under the nomenclature MS (Communications) with the approval of the bodies of college and the University was requested, much before starting the course, to accord the necessary approval. The Academic Council of the University approved the course as MA in Communications. The students however, wanted the nomenclature to be either MS (Communications) or Master of Communication & Media Studies. The college also felt that the change in the nomenclature made by the University was not justified. A request therefore was made to the University to change the nomenclature. The college was informed by the University that its request to change the nomenclature had been forwarded to the Chairman, PG Board of the Studies in Mass Communications for his opinion and he had informed that majority of the members were in favour of changing the nomenclature. The petitioner was requested to place the matter before the Board of Studies and Academic Council of the college and communicate the decision of the said authorities to the University. The proposal was then accepted by the Academic Council of the University in its meeting held on 30.09.2009 and the same was sent to the Government for approval. The Mangalore University however, went back on the decision of its Academic Council approving the course as MA Communications vide its order dated 02.12.2010. It was also stated in the reply that college did not anticipate that even the nomenclature to the course will be subject to scrutiny of the University. It had admitted the students to MS (Communication) and later Master of Communication & Media Studies course. The University, on the other hand took the stand that even an autonomous college could start the course only after a nomenclature is approved by the University. As a result, the students including the complainant could not get certificate with the nomenclature stated in the Prospectus. The University approval for the course came to be granted in June, 2011. The University maintained that the said approval was prospective from the Academic year 2011-12.

(3.) Vide its order dated 25.3.2013, the concerned District Forum directed the petitioner to pay compensation quantified at Rs.2,28,000/- each to the complainant who had paid Rs.1,14,000/- each as the course fee and Rs.1,60,000/- each as compensation to the complainant who had paid Rs.80,000/- each as the course fee. The college was also directed to issue Post Graduate Degree certificates and pay Rs.2,000/- each as the cost of litigation to the complainants. It was further directed that in case, the petitioner fails to award Post Graduate Degree certificates, in the Convocation to be held in April-May, 2013, it would pay further damages of Rs.2,00,000/- each to the complainants.