NCDRC

NCDRC

RP/2281/2007

ANUKUSH DEVI - Complainant(s)

Versus

BOARD OF SCHOOL EDUCATION HARYANA AND ORS - Opp.Party(s)

MR. VIKRAM SINGH, ADV.

19 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2281 OF 2007
 
(Against the Order dated 01/03/2007 in Appeal No. 1090/2005 of the State Commission Haryana)
1. ANUKUSH DEVI
D/O SH ROOP CHAND, RESIDENT OF VILLAGE FAIZALPUR, TEHSIL INDRI
DISTT. KARNAL
HARYANA
...........Petitioner(s)
Versus 
1. BOARD OF SCHOOL EDUCATION HARYANA AND ORS
THROUGH ITS CHAIRMAN, BHIWANI
2. THE PRINCIPAL GOVT. GIRLS SR. SECONDARY SCHOOL,
INDRI
DISTT. KARNAL
HARYANA
3. THE PRINCIPAL SWAMI VIVEKA NAND HIGH
VILLAGE KALRI JAGIR,
TEHSIL INDRI DISTT. KARNAL
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Gautam Godara, Advocate
For the Respondent :
For Respondents 1,3 : NEMO
For Respondent No.2 : Mr.Uday Singh, Clerk

Dated : 19 Jul 2011
ORDER

Petitioner filed the complaint against Board of School Education Haryana seeking compensation for spoiling one year of the complainant by not declaring the result.  As a consequence thereof, she could not take admission in the next class.

          District Forum allowed the complaint and directed the respondents to declare the result and pay the compensation of Rs.20,000/-.  State Commission, on appeal filed by the respondent, reversed the order passed by the District Forum.

          Supreme Court in Bihar School Examination Board vs. Suresh Prasad Sinha – (2009)8 SCC 483 has held that the process of holding examinations, evaluating answer scripts, declaring results and issuing certificates are different stages of a single statutory non-commercial function.  That a complaint is not maintainable against the Educations Boards under the Consumer Protection Act. 

In view of the law laid down by the Supreme Court in Bihar School Examination Board’s case (supra), complaint before the District Forum filed by the petitioner was not maintainable against the respondent education board.

We do not find any merit in this Revision Petition.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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