DATE OF FILING : 29.8.2009

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 24th day of February, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.170/2009

Between

Complainant :

 Shyni,

W/o Biju,

Idayakarimbil (H),

Chelachuvadu P.O.,

Idukki District.

(By Adv: Biju Vasudevan)

And

Opposite Parties :

1. The District Collector,

Idukki District.

2. The Principal,

Kendriya Vidyalayam,

Painavu P.O.,

Idukki District.

(By Advs: VV.Asokan, Shaji. N.A.)

3. The Principal,

Vidyadhiraja Vidyasadan,

Paremavu,

Idukki Colony P.O.

Idukki District.

(By Adv: C.K.Babu)

4. The Commissioner,

Kendriya Vidyalaya Sangathan 18,

Institutional Area,

Shaheed Jeet Singh Mary,

New Delhi.

O R D E R

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
 

The complainant belongs to Malai Arayan community. Her daughter was studying in the 3^rd opposite party's public school up to March 2009. She is not able to complete the studies because of financial crisis. The daughter of the complainant has to pay due Rs.3000/- to the 3^rd opposite party until the academic year 2008-09. The 1^st opposite party conducted an examination for admission in their school on July 27 & 28 of 2009. The daughter of the complainant participated in that examination. For the purpose of getting admission in the school of the 2nd opposite party, the complainant applied the transfer certificate from the 3^rd opposite party. But the 3^rd opposite party replied that the arrears of fee should be remitted and otherwise the transfer certificate would not be given. Again on 31^st of July 2009 she approached the opposite party, but it was not received from the opposite party. And again on 1.8.2009, the complainant approached the opposite party and the transfer certificate was issued from the 3^rd opposite party. So the complainant approached it with the 2^nd opposite party. But the admission in the school was closed on 31.7.2009. But it is revealed that there is a seat is still vacant for Scheduled Tribes in the opposite party's school. The complainant again approached the 2^nd and 3^rd opposite parties to get admission But it was not given. The complainant failed for giving the due amount. The application was received by paying a fee of Rs.100/- to the 2^nd opposite party. Then all the certificates for admission except transfer certificate are ready with the complainant. Rs.2000/- have spent for getting the other certificates. The complainant was ready to pay the fee of Rs.160/- to the 2^nd opposite party. The admission of the daughter was in pending because of the latches from the part of 2^nd and 3^rd opposite party. Hence this petition is filed for getting compensation and also for getting direction to get an admission to the child at 8^th standard in the 2^nd opposite party's school.

2. As per written version filed by the 2^nd and 4^th opposite party the complainant's daughter could not continue her studies with the 3^rd opposite party due to financial constraints and the petitioner is sought for admission in Kendriya Vidyalaya, Idukki to Class VIII. Second opposite party conducted entrance examination to Class VIII in which the complainant's daughter was also participated. And she secured admission. The 2^nd opposite party issued admission notice dated 15.7.2009, Kendriya Vidyalaya, Idukki had invited applications for admission to classes VIII & IX and in the said announcement itself the last date for admission had been published is 31.7.2009, giving sufficient notice to the complainant. The candidate was offered seat as she obtained 25 per cent marks in aggregate as per the mark relaxations applicable to scheduled tribes. But the complainant failed to appear before the 2^nd opposite party with requisite documents on 31.7.2009 and when she appeared subsequently, admission was not granted as the same would be violation of the Admission guidelines of Kendriya Vidyalaya Sanghethan, as per which the last date fixed for admission is 31.7.2009 and the principal is not empowered to grant admission after the said cut off date. There is no reservation seat laying vacant with the 2^nd opposite party as alleged. The candidate was granted mark relaxation as applicable to scheduled tribes. No deficiency in service in the part of Kendriya Vidyalaya Sanghethan being as with this complainant is not coming into the definition of consumer, as per connotation under the Act and the petition may be dismissed.
 

3. As per written version of the 3^rd opposite party, the petitioner's daughter Bismi Biju was admitted at the school in 8^th standard on 1.7.2008, consequent to a transfer certificate issued by Girijyothi C.M.I. Public School, Vazhathope on 19.6.2008. Thereafter she passed standard VIII during the academic year 2008-09 and was promoted to standard IX. After re-opening of the school in 2009 Bismi did not come to the school to join standard IX. Bibin Biju of standard I, another child of the complainant was also a student of the school during academic year 2007-08. He was promoted to Standard II. He also did not come to school after reopening in 2009. The complainant has informed nothing with regard to the absence of her wards. On 30.7.2009 Bismi's father Biju submitted an application for a transfer certificate to Kendriya Vidyalaya, Painavu. At the time of submitting the application, Biju orally requested to the opposite party to issue a transfer certificate reporting that she is eligible to get an admission at standard VIII. Since it was not possible, the opposite party turned down his request. So he said to the opposite party that he would get the transfer certificate on the next day after consulting with somebody concerned with education. The next day on 31.7.2009 he came and repeated his request. Since the opposite party was helpless he again rejected the request. At last Biju accepted the transfer certificate with displeasure. The opposite party has done nothing against the provisions of law. Biju has sufficient opportunity to teach his children in and around his place of residence with 100% fee concession. Without utilizing all those opportunities, he got admitted his children at the school, assuring that he would pay the entire fees. He was liable to pay Rs.9150/- (Text Books-525/-, Fees-2250/-, Bus fee-3375/-, Admission fee-1500/-, Special fee-1500/-) instead he has paid only Rs.1730/- (Rs.700/- + Rs.1030/-). He was liable to pay Rs.8975/- for the other child Bibin Biju, in standard I promoted, instead paid only Rs.1390/-. Still then the opposite party has extended all possible help and service to his children. The complainant suppressed the fact that Bismi has passed standard VIII and that she was not eligible for appear for examination for standard VIII at Kendriya Vidyalaya. She has also purposefully avoided to produce the transfer certificate issued to her. The opposite party is an un-aided recognized school. The opposite party is running from the income from the fee collection from students and the expenses are to be paid without fail to the teachers and other staff. Only if there is regular and prompt payment of fees, the school can work properly. Since the complainant is to pay Rs.15005/- towards fees arrears. She may be directed to pay the amount. And hence the petition may be dismissed.

4. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

5.The evidence consists of the oral testimony of PW1 and Ext. P1 to P4 marked on the side of the complainant and the oral testimony of DW1 and Ext.R1 & R2 marked on the side of the opposite parties.

6. The POINT :- The petition is filed for getting an admission in the 8^th standard in the 2^nd opposite party's school and also for getting a compensation from the 3^rd opposite party. The complainant's daughter got admission in the 2^nd opposite party's school for which the transfer certificate from the 3^rd opposite party is needed for the same. The transfer certificate was not issued by the 3^rd opposite party because her daughter was having fee dues in the 3^rd opposite party's school. The complainant was examined as PW1. Ext. P1 is the copy of transfer certificate from the 3^rd opposite party. Ext. P2 is the community certificate issued by the concerned Tahasildar. The complainant's daughter has passed the entrance examination conducted by the 2^nd opposite party dated 27 & 28 of July, 2009 for admission in the 8^th standard. The last date for admission was 31.7.2009. PW1 has applied for transfer certificate on 30^th July, 2009. But it was rejected by the 3^rd opposite party stating that the fees for the last academic year was not paid by the student. Ext.P4 is the details of fee dues for the complainant' children. As per PW1 the admission for 8^th standard was invited in the 2^nd opposite party's school. The application was given by the complainant and the acknowledgement card of the same to the student is marked as Ext.P3. But the student was studying in 8^th standard in 3^rd opposite party's school. She was promoted to 9^th standard. The complainant requested transfer certificate from the 3^rd opposite party on 30^th and 31^st July 2009. The P.T.A. President communicated the 3^rd opposite party by telephone for issuing the transfer certificate. But the transfer certificate was issued only on August 1^st 2009. But the dues from the student was not closed on the date. The teachers of the opposite party's school asked whether it is possible to admit a child in the 8^th standard of the 2^nd opposite party's school by the transfer certificate issued by the 3^rd opposite party for 9^th standard. 3^rd opposite party is examined as DW1. He admitted that the child has studied in his school in the academic year 2008-09. And another child of the complainant named Bibin Biju was also studied in 1^st standard, was promoted to 2^nd standard. PW1 came to the opposite party's school for getting a transfer certificate on  30.7.2009 and asked for getting transfer certificate on 31.7.2009 in order to produce in Kendriya Vidyalaya. But the student was promoted to 9^th standard. The complainant requested for transfer certificate to 8^th standard as she was passed from the 7^th standard. DW1 stated that he has to ask the concerned authority to issue the same because she is already promoted to 9^th standard. Then the complainant ran away from the school. She again came to the school to get transfer certificate again on 31.7.2009. He approached the opposite party and asked whether he could get transfer certificate as the student passed from the 7^th standard. But they replied that they could issue transfer certificate from the 8^th standard as she passed from the 8^th standard and issued transfer certificate on the same day itself. 2^rd opposite party's school is situated only 1 KM away from the 3^rd opposite party's school. At the time of admission to the children the DW1 told about the fee details of the school and he was ready to pay all fees, as per the regulations of the school. In Kendriya Vidyalaya the children who passed from the 8^th standard will not be admitted to 8^th standard and so admission was not obtained to the child of the complainant. Fees dues are now also pending against the complainant's children. 
 

As per the complaint the admission to the child of the complainant was denied only because the transfer certificate was delayed from the 3^rd opposite party's school. Ext. P1 is the copy of transfer certificate produced, in which the date of issue was 31.7.2009. As per 2^nd and 3^rd opposite parties, last date of admission in the school was 31.7.2009 and admission in the 2^nd opposite party's school was denied because the transfer certificate was not produced on 31.7.2009. She produced the same only on 1.8.2009, in the day after, the date of admission closed. Even though PW1 has requested for transfer certificate on 30.7.2009, they were not able to issue the same because the complainant's child already passed from the 8^th standard. This matter is till not mentioned in this complaint and not to the 2^nd opposite party school. He again approached DW1 for getting the same as it from the 8^th standard. But as per PW1, transfer certificate was delayed because there are fees dues from the complainant's children.

As per Kerala Education Act 1958 and Rules, Kerala Education Rules, chapter 12, rule 8, it is written that fees to be realised at the time of issue of transfer certificate, when a transfer certificate is issued to a pupil, the following fees shall be realised from him. (1) All the arrear instalments of the previous years which he is liable to pay and from which no exemption has been granted under this rules. (2) All the arrear instalment of the current year and (3) the current instalment if the certificate is issued on or after the due date.

In All India Education Code, written by Mr. M. Arul Selvam, in page 1013 it is written that the Examination bye Laws of Central Board of Secondary Eduction, a format of transfer certificate is mentioned. In the 11^th column states “whether qualified or promotion to the higher class, …. if so to which class (in figure)...... (in words).....” So the transfer certificate can be issued to the promoted class only if the student passed from the lower class. Here the student passed from 8^th class and so the transfer certificate can be issued to the 9^th class only.

So we think that the child is having fee dues to the school. Even now there is a due, a transfer certificate was issued to the complainant's daughter and so there is no deficiency in the part of the opposite party.
 

Hence the petition dismissed.

Pronounced in the Open Forum on this the 24^th day of February, 2010.
 

Sd/-

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
 

Sd/-

SMT. SHEELA JACOB (MEMBER)
 

Sd/-

SMT. BINDU SOMAN (MEMBER)

Appendix

Depositions :

On the side of the Complainant :

PW1 - Shyni

On the side of the Opposite party :

DW1 - A.O. Augustine

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of the Transfer Certificate dated 31.7.2009, from Shree Vidyadhiraja Vidyasadan, Idukki Colony P.O., for Bismi Biju.

Ext.P2 - Copy of the caste certificate in the name of Bismi Biju, issued by the Thahasildar, Thodupuzha, dated 18.12.2007.

Ext.P3 - Acknowledgement card of Kendriya Vidyalaya, Painavu, Idukki, dated 6.7.2009, for the registration of Bismi Biju.

Ext.P4 - Details of fee dues of the complainant's children, given by Shree Vidyadhiraja Vidyasadan E.M.H.S., Idukki Colony P.O..

On the side of the Opposite party :

Ext.R1 - Copy of the Transfer Certificate dated 19.6.2008, from Girijyothi CMI Public School, Vazhathoppu, for Bismi Biju.

Ext.R2 - Copy of the Transfer Certificate dated 31.7.2009, from Shree Vidyadhiraja Vidyasadan, Idukki Colony P.O., for Bismi Biju.