Assam

Dibrugarh

CC/12/2017

SMTI. GAYATRI BORUAH - Complainant(s)

Versus

IGNOU, REP. BY VICE CHANCELLOR - Opp.Party(s)

SRI VIJAY PANDEY

24 Apr 2018

ORDER

The case of the complainant in brief is that the complainant enrolled herself for B.Ed programme through correspondence course for the academic session 2002 bearing Enrolment No.020110966 by paying requisite course fee for the course. She received all the materials during the course and successfully completed her course by June, 2005 including practical course ES-381, ES-382 and ES-383 during the workshop No.1 which was  held from 10^th to 21^st May, 2002 and workshop No.2 which was held from 21^st July to 1^st of August, 2003 respectively. She has successfully completed above mentioned practical course during workshop programme. The OPs issue the course completion status from where it appears that she has completed her course successfully. But she has not been provided mark sheet and pass certificate for which she made several approach to OPs since completion of her course. Whenever she approached before the OPs all the time OPs sent her back assuring her that the certificate would be sent  under post and she need not worry. After waiting long  time, when her mark sheet and certificates were not sent by the OPs the complainant on 10.09.07 and 30.12.13 sent letters to the Registrar, IGNOU, New Delhi with request to issue course completion certificate and mark sheet, but she did not get any reply to the above letters. The complainant personally visited to the office of the OP at Guwahati centre as well as Head Office of IGNOU, New Delhi, but all are in vain. As such, the complainant made RTI before Registrar (SRME) IGNOU, New Delhi. As soon as the RTI was made the OP vide letter dated 29.04.15 informed the complainant that the practical marks for the course ES-381, ES-382 and ES-383 were not sent by the Regional Director, Guwahati  Centre and as soon as receipt of practical marks from IGNOU Regional Centre, Guwahati same will be updated in the website. Further, it is stated that they have sent a letter to Regional Director, Guwahati Centre with request to send the practical marks vide letter dated 30.03.15. The complainant was surprised to know that IGNOU Regional Centre, Guwahati has not sent the practical marks for ES-381, ES-383 and ES-383 whereas, she has completed the above practical course during workshop No.1 and workshop No.2 held in the year 2002 and 2003 respectively. The complainant further stated that when the letter dated 30.03.15 received by IGNOU Regional Centre they have sent practical marks of ES-381, ES-382 and ES-383 certified by the Programme In-charge  in the prescribed proforma vide letter dated 22.05.15. After sending the above practical course mark, the complainant was surprised when she received RTI reply vide letter dated 10.07.15 that they failed to update the result of the complainant as the complainant has not taken readmission in practical course prior to appearing the practical examination for the course of June 2006 because validity of her terms expires in December, 2005. The complainant stated that the above replay has no basis because question of getting readmission in the practical course of June, 2006 does not at all arise because complainant successfully completed her B.Ed Course before June, 2005 including her practical course of ES-381, ES-382 and ES-383. The OP No.3 with some ulterior motive and for their illegal gain made conspiracy against the complainant and sent the practical course marks only after getting the RTI made by the complainant, which amount to deficiency in service. For non-issuance of the certificate and mark sheet the complainant had to suffer a lot mentally, physically and financially as she has not been confirmed in the post of teacher and also not been provided increment. She also suffered from damage and in reputation. By not issuing the certificate and mark sheets the OPs have committed deficiency in service due to their negligence for which the complainant had to suffer immense loss, torture and agony. The OPs have played a foul game and conspiracy against the complainant for which complainant filed the present case with prayer to direct the OPs to provide course completion certificate, pass certificate and mark sheet of the complainant, Rs.5,00,000/- as compensation on account of mental loss, mental agony and physical harassment along with cost of litigation.

         After registering the case notices were issued to all the OPs which were duly received by the OPs, but they did not attend this Forum nor filed any written statement contesting the claim of the complainant. So the case against all the OPs have been proceeded ex-parte.

        In this case, complainant gave evidence by swearing affidavit and exhibited as many as 16 (sixteen) documents in support of her case.  Upon going through the evidence of the complainant and hearing argument following decisions is made.

 

DECISION AND REASONS THEREOF :

     Upon going through the evidence, documents and argument advanced by the complainant it is found that the complainant enrolled herself for B.Ed programme through correspondence course for academic session 2002 bearing Enrolment No.020110966 by paying the requisite  course fee. Thereafter the complainant appeared in her examination as well as practical course ES-381, ES-382 and ES-383. The complainant successfully completed her course before June, 2005 which appears from Course Completion Status vide Ext-3  No.9570 dated 05.12.2005. The complainant completed her practical course ES-381, ES-382 and ES-383 during the Workshop No.1 which was held from 10.05.2002 to 21.05.2002 and Workshop No.2 which was held from 21.07.2003 to 01.08.2003 which appears from Ext.4,5,6 and 7. The complainant successfully had completed the practical course during the above workshop programme in 2002 and 2003 respectively. Whereas, OPs did not declare her result only on the ground that marks of the practical course ES-381, ES-382 and ES-383 were not sent by OP No.3 to OP No. 1 and 2 which is purely negligence on the part of the OP No-3. Complainant was under apprehension that her result would be announced either in website or by post, but when time passed and  result of her was not announced  she approached before OPs several times and all the time OPs sent her back assuring that certificate and mark sheet would be sent to her under post and she should not worry. She made several correspondence with the OPs through several letter vide Ext-8 and 9 dated 10.09.07 and 30.12.13, but the complainant did not get any reply from the OPs. Complainant after making several attempt to get the result and mark sheet which she failed, made RTI to the OPs. In reply to the above RTI the OP i.e. Public Information Officer, IGNOU, New Delhi sent a letter to the complainant vide Ext-10 stating that the practical marks of the course ES-381, ES-382 and ES-383 were not sent by the Regional Director, Guwahati Centre and as soon as on receipt of the practical marks from IGNOU Regional Centre, Guwahati will be updated in the website. From the above letter it appears that though the complainant had completed her B.Ed course by June, 2005 whereas, OP No.3 Regional Director, IGNOU Regional Centre, Guwhati intentionally with some ulterior motive did not send the practical marks for the course ES-381, ES-382 and ES-383 for ten years which is really disgusting. Subsequently, and finally the OP informed to the complainant vide Ext-13 that they have failed  to update the result of the complainant as the complainant has not taken readmission in the practical course prior to appearing practical examination for the course of June, 2006 because validity for her terms expired in December, 2005 is not at all sustainable, since the complainant completed her course prior to June, 2005.

         From perusal of the evidence on record the complainant had completed her B.Ed course including the practical course ES-381, ES-382 and ES-383 during Workshop No.1 which held from 10^th to 21^st May, 2002 and Workshop No.2 which was held from 21^st July to 1^st August,2003 respectively. But due to negligence or due to some ulterior motive, the OP No.3 did not send the practical course marks to the Director, IGNOU, New Delhi for which the result was held up. The OP No.3 was so much negligent for ten years they have failed to send the practical marks of course ES-381, ES-382 and ES-383. For argument sake though it is supposed that the complainant had appeared for the practical examination for the course of June, 2006 even then OP No.3 failed to sent the practical marks from June, 2006 till 2015. These are clearly a negligence on the part of the OP No-3. However, it is to be mentioned that from evidence on record the complainant never appeared practical examination for the course of June, 2006. She had completed her practical course during Workshop No.1 and Workshop No.2 held in the year 2002 and 2003. But due to negligence and for ulterior motive of OP No.3, her practical course marks were not forwarded to Director, IGNOU, New Delhi. OP No.3 would have not sent the practical course marks had the complainant did not make RTI. As the RTI was made and the Regional Director, IGNOU, New Delhi through Ext.12 asked to sent the practical course mark sheet OP No.3 was bound to sent the same finding no other alternative. The OP No.3 send the practical marks of ES-381, ES-382 and ES-383 after long ten years at the pressure of other OPs 1 and 2 and RTI. There is no fault at all on the part of the complainant for which she had to suffer for long time. There is no such instance or evidence that the complainant appeared for practical examination for the course of June 2006 as mentioned Ext-13, complainant has no reason to have readmission because she has completed her course before June, 2005. And as such, the question of readmission in the practical course prior to appearing the practical examination for the course of June, 2006 does not arise. The complainant had to suffer lot of mental, physical and financial loss for making lots of correspondence with the OPs as well as visiting to Guwahati and New Delhi. The above act of the OPs were out and deficiency in service due to their negligence for which the complainant is entitle to get the award as prayed for.

    By giving evidence PW-1, complainant has disclosed prima facie material of committing serious negligence, deficiency in service and illegal trade practice by the OPs by not rendering proper service to the complainant. The complainant had full knowledge that the complainant has completed her B.Ed course including the practical of ES-381, ES-382 and ES-383, before June, 2005, but yet they have intentionally or by negligence, withheld the result of the complainant. There is ample material in the evidence of the complainant to show that she had completed her practical course from June, 2005, which has not been challenged by the OPs either by filing written statement or by leading any evidence. As such, this Forum comes to an unassailable conclusion that some order can rightly be passed basing on the above unchallenged evidence of the complainant directing the OP to provide the course completion certificate, pass certificate and mark sheet of the complainant as well as some amount of compensation for their serious negligence, deficiency and foul game played by the OPs.

In view of the conclusion arrived above this Forum comes to a conclusion that the exparte evidence led by the complainant has been able to disclose prima facie material of deficiency in service and illegal trade practice committed by OPs by not issuing the course completion certificate, pass certificate and mark sheet of the complainant. As such, this Forum doth order the OPs to provide Course Completion Certificate, pass certificate, mark sheet of the complainant and for giving unnecessary mental harassment and agony the OPs are directed to pay Rs.20,000/- as compensation. This Forum further directed OPs to pay Rs.5000/- as cost of filing the instant case. OPs are directed to pay the above amount through this Forum within one month from the date of this judgment as well as Course Completion Certificate, Pass Certificate and Mark sheet.

Send copy of this judgment to OPs for compliance.