Orissa

Cuttak

CC/131/2015

Rabindra Kumar Das - Complainant(s)

Versus

Secretary,Council of Higher Secondary Education - Opp.Party(s)

B K Dash

27 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                C.C No.131/2015

Rabindra Kumar Das,S/O:Purusottam Das,

At/PO:Madhupur,Via:Kuanpal,

Dist:Cuttack.                                                                                         … Complainant.

 

Vrs.

1.        Secretary,Council of Higher Secondary Education,

Odisha,Bhubanenswar,Dist:Khurda.

 

2.        Controller of Examination,

Council of Higher Secondary Education,Odisha,Bhubaneswar,

Dist:Khurda.

 

Principal, Revenshaw Junior College,Cuttack,

At/PO/Dist:Cuttack,Odisha.                                                                   … Opp. Parties.

 

Present:  Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   03.12.2015

Date of Order: 27.10.2016

 

For the complainant   :      Sri B.K.Dash,Adv. & Associates.

For the O.Ps.1 & 2.       :      Sri S.B.JenaAdvocate& Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

The case is against deficiency in service on the part of O.Ps.

1. In nutshell the case is as follows:-

1. The complainant who is also a physically disabled person took admission in +2 1st year of Ravenshaw Junior College,Cuttack on 3.7.2006 for the year 2006-2007 by paying required fees.  He was promoted to 2^nd year and readmitted for the 2^nd year during 2007-08.  Necessary Identity card was also issued to him for the purpose.(Annexure-1).
2. During the year 2006-07 the complainant was allotted with subjects such as English,Oriya,Political Science,Sociology,Economics and Sanskrit as optional subject.
3. During the 2^nd year the complainant filled up the form for his annual examination with English,Oriya,Political Science,Socioloty,Economics and Education as optional subject.  Such forms were verified and allowed by the principal and subsequently admit card was issued by O.Ps to the complainant for appearing the 2^nd year Exam.  His Roll No. was 145 CA 309. (Annexure-2).
4. Since the complainant was a physically handicapped person and permanent disability of 41% he was taking the help of a writer for all college examinations.  He was also allowed by the authorities i.e. by the Principal and by the Controller of Examination to appear the final examination with the help of writer basing on his representation. (Copy of disability certificate is shown as Annexure-3,Copy of representation to Principal is shown as Annexure-4 and copy of representation to Controller of Examination is shown as Annexure-5).
5. The complainant successfully appeared the +2 Annual Examination during the year 2008.  On account of express malafide consideration result of the complainant had declared withheld. (Copy of +2 Arts (regular) Annual Examination Result,2008  with blank mark sheet is shown as Annexure-6).
6. Complainant approached several times to O.P.1 & O.P.2 to publish his result and made allegations against Principal, Ravenshaw College before D.P.I but it was in vain.  The result of the complainant was not published for which he failed to take admission in any institution since  last 7 years.( copy of representation is shown as Annexure-7).
7. Finding no other way, the complainant filed a writ petition before the Hon’ble High Court on 17.07.2008 under Articles 226 & 227 of the constitution of India to publish his result vide WP( C ) No.10162 of 2008.  After hearing from both the parties, the Hon’ble High Court ordered the O.Ps on 29.04.2009 to publish the result of the complainant except the 4^th optional subject “Education” (Annexure-8).
8. In spite of the above order of Hon’ble High Court the O.Ps took more than 5 years to publish the result of the complainant which was published on 09.10.2014.  It is pertinent to mention here that the complainant appeared the examination for subjects such as English, Oriya,Political Science, Sociology, Economics and Education as optional subject.  But latter on the result was published with Sanskrit as optional subject and marked as absent which was not his subject actually. (Copy of mark sheet-Annexure-9).
9. The result of the complainant was published on 9.10.2014(Annex-9). Due to abnormal delay in publishing the result of the complainant which was published after more than 5 years by the O.Ps from the date or order passed by Hon’ble High Court, the carrier of the complainant has been spoiled for which the O.Ps are responsible for their negligence and deficiency in service.  The complainant suffered for the arbitrary, illegal and ill intention of the O.Ps and  O.Ps have failed to provide proper and timely service to the complainant for which the complainant lost his valuable academic career for the whole life, also suffered from mental agony and financial hardship.
10. The complainant taken shelter of this Hon’ble Forum and prayed for to direct the O.Ps to appear the final examination with education as his subject instead of Sanskrit.  He has also prayed to direct the O.Ps to compensate the complainant with a sum of Rs.10,00,000/- for loss of his valuable career for life, harassment and mental agony and further prayed for cost of litigation as deemed fit and proper.

2. O.P.3(Principal,Ravenshaw College, Cuttack) vide his written version dt.7.1.2016 has intimated as follows:-

1. That the complainant has passed H.S.C Examination as a candidate under correspondence course and was placed in 3^rd division securing 254 marks out of total marks of 750 as learnt from College records.  It was also learnt from College records that he was admitted in the 1^st year of +2 Arts for the session 2006-07 with Political Science, Logic,Economics and History as optional subjects.  The subjects were subsequently changed from Logic to Sanskrit and from History to Sociology.    The subjects for which he has appeared for the half yearly and annual Examination of 1^st year and Pre-test and Test Examination of 2^nd year were English,M.I.L(O),Political Science,Economics,Sociology & Sanskrit(4^th Elective).  The ROM in the 1^st year was send to the CHSE(O) and accordingly his registration certificate was issued by the CHSE(O) with these subjects.  At no point of time the complainant was offered education as one of his subjects.  Attendance registers for the subject of Education for the session 2006-07 and 2007-08 do not reflex the Roll No. of the complainant as he was not offered Education as a subject of his study.  Latter on in 2^nd year at the time when the complainant filled up his form for CHSE Annual Examination which was verified in advertently on the basis of his Identity card.  The CHSE (O) has issued him the Admit card as a subject presumably on the basis of his filled up form.  In spite of the fact that the complainant had no subject as Education as per the ROM and registration slip issued accordingly by the CHSE(O).  The complainant had malafide intention and deliberately filled up his form with Education as a subject.  The complainant cunningly did not intimate the Principal as to the discrepancy in his Admit card in spite of knowing that he had appeared for all examinations with Sanskrit as a subject and not Education including Test Examination which tantamount to misleading the authorities and suppressing facts.
2. That the complainant was creating disturbances with others for which OIC,Malgodown police was intimated vide office letter No.392 dt.13.062008.  DHC was also informed vide letter No.774 dt.19.06.2008.  That in view of the orders of the Hon’ble High Court dt.29.04.2009 in W. P(C) No.10162 of 2008 the result of the complainant was published with Sanskrit as optional subject by CHSE(O).  The complainant once again appeared CHSE Exam,2013 as a Ex-regular candidate with Sanskrit as one of his optional subjects and has secured only Zero one(01) mark which is evident from his T.R.

3. The case was set exparte against O.P.1 & 2 on 19.10.2016 since they have neither attended the case nor filed any written version for the purpose.
4. The Hon’ble High Court vide their order dt.29.04.2009 in W.P ( C ) No.10162 of 2008 has held that the mention of the subject “Education” in the identity card as well as the Admit card issued by the Council was an inadvertent mistake.  However since the petitioner has appeared in the compulsory as well as optional subjects in the +2 Arts Annual Examination,2008 there can be no embargo in declaring his result in respect of the said subject leaving aside the extra optional papers “Education”.  This writ petition is, therefore, disposed of directing the O.P No.1 to declare the result of the petitioner in +2 Arts Annual Examination, 2008 leaving aside extra optional subject “Education” and the marks secured by the petitioner in the said subject which was his extra optional, shall not be included for calculating the aggregate marks for nor shall                  be mentioned in the mark sheet.  Such exercise shall be completed within a period of two weeks from the date of production of a certified copy of this order before the Secretary, CHSE and the mark sheet-cum-certificate shall be issued to the petitioner immediately thereafter, preferably within a period of seven days.
5. We have gone through the case in details and perused the documents/papers as filed by the complainant and as well by O.P.3 and we have observed as follows:-

1. Since the Hon’ble High Court vide their order dt.29.04.2009 (vide W.P (C) No.10162 of 2008) is inclined to hold that the mention of the subject “Education” in the identity card as well as the admit card issued by the Council was an inadvertent mistake, we have nothing to say further on this matter.
2. In spite of the instructions of the Hon’ble High Court dt.29.04.2009 the Council of Higher Secondary Education, Orissa has taken abnormal time to publish the result of the petitioner.  Since O.P.1 & 2 have neither attended the hearings of the case nor have submitted any written version in their defense.  Thus, we found that there is abnormal delay in publishing the result of the petitioner by O.P.1 & O.P.2 which amounts to gross deficiency in service.  Hence O.P.1 & 2 are found guilty and we allow the case against O.P.1& 2.

ORDER

The O.P.1 & 2 will pay a sum of Rs.1,00,000/-(Rupees one lakh) only as compensation to the petitioner for making abnormal delay in publishing the result of the complainant.  O.P.1& 2 will also pay a sum of Rs.2000/- (Rupees two thousand) only to the complainant towards cost of litigation.

The above payments to the complainant must be completed within a period of 45 days from the date of receipt of this order failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th   day of October, 2016 under the seal and signature of this Forum.

   (Sri B.N.Tripathy )

                                                                                                                      Member.

 

                                                                                                           (Sri D.C.Barik)

                                                                                                                  President.

 

 

                                                                                                          (Smt. Sarmistha Nath) 

                                                                                                     Member(W).