DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO. 22 OF 2015
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy- Member.
Patra Pradhan, aged about 42 years
S/O: Khageswara Pradhan Village: Dadagamaha
PO: Gumamaha PS: Raikia, Dist: Kandhamal ………………….. Complainant.
Versus.
1. Secretary
Board of Secondary Education, Odisha
Bajrakabati Road, Cuttack-1
2. Head Master
Gurudev High School AT/Po: Deegi
PS: Raikia Dist: kandhamal
3. The District Education Officer, Kandhamal
At/PO: Phulbani Dist: Kandhamal ……………………… OPP. Parties
For the Complainant: Sri R.C. Mohanty, Advocate and his associates.
For the Opp. Parties: for O.P No.1-Sri Bijay Kumar Mohanty, Advocate, Phulbani
For O.P No. 2 & 3 – self.
Date or order: 30-07-2016
O R D E R
The case of the Complainant in brief is that his daughter Jamuna Pradhan was reading at Gurudeva High School, Deegi and appeared supplementary H.S.C examination in the year 2013 at ST Catherin’s Girls High School Raikia. Her roll no was 008DD013 vide enrollment No.DDG02-017. Though the result of supplementary H.S.C examination 2013 was declared but the name of her
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daughter Jamuna Pradhan was not there. So, he approached to the Head master who assured to ascertain the result by consulting the Board Authority. After waiting for 6 months he intimated the fact to the Head master and to the District Education Officer, Kandhamal through written application. The District Education Officer instructed the Head master to contact the Board office for the purpose. Subsequently he also intimated the fact to the Board of Secondary Education ,Odisha for declaration of result of his daughter. Due to non receipt of the result the further study of his daughter has been stopped since last two years and she is under mental agony and sustained heavy loss. Hence, this Complaint was filed by him against the O.Ps claiming compensation of Rs. 8, 00,000/- only and for a direction to the O.Ps for publication of result of his daughter Jamuna Pradhan.
The case of the O.P No.1 as per his version is that the daughter of the Complainant namely Jamuna Pradhan had appeared supplementary examination 2013 through Gurudev High school, Deegi and her result was published on 26-07-2013 as failed candidate . The result of the daughter of the Complainant was sent to the school through the Zonal Office, Berhamper immediately after publication of the result. Hence, the O.P has not caused any negligence regarding the publication of the result for which the Complaint may be dismissed.
The case of the O.P No.2 as per his version is that the daughter of the Complainant was a student of Gurudev High school, Deegi and had appeared supplementary H.S.C examination 2013 but failed in the above examination as clearly mentioned in the original tabulation sheet of the Board of Secondary Education Odisha , Cuttack . The same was informed to her in time and also she has been informed to fill up the form to appear H.S.C examination again but she did not. She has been misguided by a mobile message of having pass result in the above examination which was total false.
The O.P No.2 was authorized by O.P No.3 to file version and to look after the case on his behalf.
During course of hearing we have heard the learned advocates of the Complainant and the O.P No.1.We have gone through the complaint petition, the versions filed by O.P No.1 and 2 separately and the documents filed by both the parties. It is submitted by the learned advocate of the Complainant that the daughter of the Complainant has not received the result of Supplementary H.S.C Examination 2013 for which her further study has been stopped since last two years. On verification of the documents available in the record it is seen that the O.P No. 3 issued a letter bearing No. 2326 dated 18-04-2015 to O.P No.2, the Head Master of Gurudev High school and instructed to look into the mater personally and to send reply to the Advocate under which ground the result of Jamuna Pradhan, the candidate of supplementary H.S.C Examination 2013 has not been received till date. So, it is well established that the result was not communicated to the candidate till 18-04-2015. No explanation was also given by O.P No.2, the Head master of Gurudev High School that how and when the result of Supplementary H.S.C Examination 2013 was communicated to the candidate ,the daughter of the Complainant .No suitable evidence was adduced by the O.Ps in this
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regard. It is pointed out by the O.P No.1 in Para 5 of his version that the result of the daughter of the Complainant was sent to the school through the Zonal Office, Berhampur immediately after publication of the result. It is stated that the daughter of the Complainant was failed in the said examination. Non supply of the result and mark sheet to the candidate within 2 years of the examination amounts to gross negligence and deficiency in service on the part of O.P No.2 , the Head Master,Gurudev High School .The candidate is suffering since last 2 years without getting any information from the school regarding her supplementary H.S.C examination 2013. Hence, this complaint is allowed in part.
In the above circumstances, the O.P No.2 is directed to communicate the result of supplementary H.S.C examination 2013 to the candidate Jamuna Pradhan, the daughter of the Complainant immediately. He has also further directed to pay Rs. 10,000/- towards compensation and Rs. 2,000/- towards legal expenses to the Complainant for mental agony and loss of career of his daughter. The said order be complied within 30 days from the date of receipt of this order.
The C.C is disposed of accordingly. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
