Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

1)           Sri Sadhan Kumar Dutta,

3/87, Mahajati Nagar, Agarpara,

24 Parganas(N), Pin-700109.                                  ---------- Complainant

1)           Netaji Subhas Open University,

1, WoodBurn Park, Kolkata-20.

2)           Registrar, Netaji Subhas Open University,

1, WoodBurn Park, Kolkata-20.                              ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Sri T.K. Bhattacharya, Member                 

Order No.     2 6      Dated  1 9 / 0 3 / 2 0 1 0 .

          Complainant by profession a teacher of mathematics. In order to develop his faculty in the branch of mathematics he took admission in M.Sc. (Mathematics) with Netaji Subhas Open University and paid Rs.100/- for prospectus fees and also paid Rs.3700/- as course fees. He was allowed to attend classes at Raja Manindra Chandra College only for two days, but to his utter surprise in a letter dt.19.10.06 he was informed that he would not be allowed to sit for the examination although the complainant requested the authority to allow him to continue his classes and sit for the examination. Thereafter, complainant requested the o.ps. to refund his entire amount of Rs.3800/-, but neither o.ps. are allowing complainant to attend the classes and sit for the examination nor they are agreeable to refund the amount to the extent of Rs.3800/-. Finally complainant wrote a letter to Students’ Grievance Redressal Cell dt.12.10.06 requesting their intervention in this matter and finding no other alternative complainant has filed this case with the aforesaid prayer.

          O.ps. have resisted the application of the complainant by filing written statement on 5.6.09 contending interalia that the case is not maintainable and hopelessly barred by limitation.

Their specific case is that the eligibility of a person for being admitted in post graduation course in Mathematics depends upon the terms and conditions prescribed by the authorities for being admitted in the post graduation course. Provisionally admission in a particular course is subject to scrutiny of records and eligibility criteria does not entitle any person for final admission and even after provisional admission any candidate is to face cancellation of provisional admission, if it is found that he has not fulfilled the eligibility criteria.

          Refusal to grant admission to a candidate, if any, cannot be a case of deficiency of service or a case of unfair trade practice. After scrutiny and inspection of record, it was found by the o.ps. that the complainant was unfit for admission and accordingly, his admission was cancelled. No court can sit over the decision of the institution refusing admission when eligibility criteria of the candidate are not up to the mark.

          The points need be decided in this case are that whether the cancellation of admission of candidate namely here the complainant and refuse the candidate to sit for the examination by the o.ps. is justified or not.

          In paragraph 10 of the w/v of the o.ps. it is stated as “no court can sit over the decision of the institution refusing admission when eligibility criteria of the candidate are not up to the mark”. It is settled principle of law decided by the Apex Court of India that usually court should not interfere with the administration of academic institution and the institutions governed by autonomous body unless there is clear miscarriage of justice.

          It is not understood that “the eligibility criteria of the candidate is an objective test and there is no scope to say that the eligibility criteria of the candidate are not up to the mark”.

          Complainant was allowed to attend classes and he attended classes for two days and thereafter, he was told that he would not be allowed to sit for examination and further he would not be allowed to continue the classes. It appears from the receipts dt.22.6.06 that the complainant paid Rs.100/- and on 24.6.09 he also paid Rs.3700/-. It appears from Clause no. IV dealing with eligibility regarding rules and regulations of post graduate course that “the candidate should have graduated in (10+2=3) from a recognized university / or BPP+3 years degree course) from any recognized open university or equivalent degree from any recognized university / board or council.

          For Master’s Degree in science, commerce and technology subject the candidate should have relevant subject at the degree level (Hons or General)’.

          Complainant in his letter dt.12.10.06 addressed to the Convener , Students’ Grievance Redressal Cell has stated that he is a B.Sc. and he filled up form for M.Sc. (Mathematics) course and after attending classes for two days he was informed that he would not be allowed to sit for the examination and continue classes.

          Complainant in support of his claim has not submitted the letter of appointment that he is a teacher of mathematics. He has not even submitted any document that he has passed B.Sc. examination.

           It is true that before accepting the admission of the complainant, the o.ps. ought to have been more scrutinizing, and more particularly, before allowing him to attend the classes the degree and intensity of verification of the credentials of the candidate ought to have been more intensive and deeper in all respects. Definitely in this respect o.ps. can be described to a great extent as insincere and indifferent. But it is also a settled principle of law that one who seeks relief from the court must be come with a clean hand.

Ld. Lawyer has referred a decision reported in III (2007) CPJ 325 in support of his contention that after accepting the fees and allowing him to attend the classes for two days the cancellation of his admission and refusal to refund the money of Rs.3800/- is not justified. This case is not squarely applicable in the present case because in the case referred to herein above by ld. Lawyer of the complainant deals with the matter that the admission of the candidate was wrongfully cancelled because no notice was given to him before cancellation which is a violation of principle of natural justice. But in the instant case complainant has not submitted his requisite qualifications to us that he is eligible to be admitted in M.Sc. (Mathematics) course and it has been discussed earlier.

          In view of this position, we are unable to grant any relief to the complainant.

          that the petition of complaint stands dismissed. Considering the circumstances no order is passed as to cost.

          Supply certified copy of this order to the parties on payment of prescribed fees.