NCDRC

NCDRC

RP/944/2013

PINKI KUSHWAHA - Complainant(s)

Versus

PRINCIPAL CENTRAL ACADEMY HIGH SCHOOL & ANR. - Opp.Party(s)

IN PERSON

10 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 944 OF 2013
 
(Against the Order dated 18/12/2012 in Appeal No. 32/2012 of the State Commission Madhya Pradesh)
1. PINKI KUSHWAHA
D/O SH HARISINGH KUSHWAH, R/O VILLAGE UDAIGIRI,
VIDISHA
M.P
...........Petitioner(s)
Versus 
1. PRINCIPAL CENTRAL ACADEMY HIGH SCHOOL & ANR.
THROUGH -ARCHANA SHARMA, W/O PREM SHANKAR SHARMA, R/O HEERA PURA
VIDISHA
M.P
2. PREM SHANKAR SHARMA,
DIRECTOR- NEW BHARTI SHIKSHA PARISHAD SOCIETY,
VIDISHA
M.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Hari Singh Kushwah,
father of petitioner
For the Respondent :PRINCIPAL CENTRAL ACADEMY HIGH SCHOOL & ANR.
PREM SHANKAR SHARMA,

Dated : 10 Jul 2014
ORDER

 

1.      Shri Hari Singh Kushwah, father of the petitioner is present.  Arguments heard.

2.      Ms. Pinki Kushwah, the petitioner was a student of Central Academy Higher Secondary School in class X.  She attended the classes only for 7 days.  She was irregular in attending the school.  Her father was informed about the same  on 1.10.2006 and her name was struck off the roll.  She filled the form and paid a sum of Rs.800/- but the form could not be forwarded to the Board of Secondary Education.  Consequently, she lost one year.  The petitioner filed a complaint before the District Forum.  The District Forum dismissed the complaint. 

Aggrieved by this order, the complainant/petitioner filed an appeal before the State Commission, which also dismissed the appeal.

3.      In view of the Apex Court authorities reported in Bihar School Examination Board vs. Suresh Prasad Sinha 2009 (8) SCC 483, Maharshi Dayanand University vs. Surjeet Kaur 2010 (11) SCC 159 and Jagmitter Sain Bhagat vs. Dir. Health Services Haryana & Ors. 2013 (10) SCC 136  and the order dated 17.1.2014 passed by the Apex Court in Indian Institute of Bank & Finance (IIBF) vs. Mukul Srivastava, civil appeal No.(s) 697 of 2014 arising out of SLP (C) No. 19915 of 2013, this Commission has no jurisdiction to try this case.  The revision petition is, therefore, dismissed.  However, liberty is given to the petitioner to approach the appropriate forum for redressal of her grievances as per law.

4.      A copy of this order be given dasti to the father of the petitioner as prayed.

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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