1. The brief facts of the case of the complainant are that he appeared +2 Science examinations conducted by OP during March, 2016 vide his Roll No.397EA109 and Registration No.EA97514116 and after publication of result the complainant could see that his Mathematics and English papers have fetched poor marks. It is submitted that as per notification of OP, the complainant applied for re-addition of marks and Scanned copy in respect of both the papers and paid Rs.405.70 to the OP from Jeypore through net banking on 19.05.2016 on going through the website of the OP. The OP on 28.7.2016 notified the re-addition of marks in respect of 3607 number of cases but the case of the complainant was not properly considered. It is also further submitted that he received the scanned copy of answer sheets of Mathematics paper which do not belong to him as page No.1, 2, 3, 4, 5, 6, 15 and 16 (total 8 pages) were not of his hand writing but of the hand writing of other candidate. The complainant wrote to OP on 24.6.2016 with subsequent reminders to trace out his missing answer sheet pages for correct valuation but the OP remained silent. Thus alleging deficiency in service on the part of the OP, he filed this case praying the Forum to direct the OP to trace out the missing 8 pages Mathematics answer sheet, award correct marks, declare result through special notification and to pay Rs.1.00 lakh towards compensation and costs to the complainant.
2. The OP in spite of valid notice neither filed counter nor participated in the proceeding in any manner. In the above circumstances we heard the matter from the complainant through his A/R for orders on merit. The complainant has filed certain documents in support of his case. We have perused the materials available on record.
3. In this case, from the documents available on record, it is a fact that the complainant has appeared +2 Science examinations vides Roll No.397EA109 and Registration No.EA97514116 conducted by CHSC, Odisha in the year 2016. The complainant stated that after publication of result he could see that his Mathematics and English papers have fetched poor marks and hence he applied before the OP for supply of scanned answer sheets and re-addition of marks in both the papers through website of OP on payment of Rs.405.70 through net banking from Jeypore. The complainant has filed copy of all documents in support of his above contentions. The case of the complainant is that the OP vides their notification dt.28.7.2016 notified re-addition of marks of +2 Science stream in respect of 3607 cases but the case of the complainant was not properly considered.
4. It is the further case of the complainant that he received the copy of answer sheets of Mathematics paper which do not belong to him and he saw that answer sheet of Mathematics paper of page 1 to 6, 15 & 16 (total 8 pages) were not of his hand writing. Regarding that irregularity, the complainant has written number of request letters to OP to trace out his missing answer sheets but the OP did not listen. The complainant has filed copy of Math paper answer sheets and re-addition sheet of 3607 cases. On perusal of re-addition sheet it was found that the name of the complainant was not available there. We have also perused the answer sheet of Math paper of the complainant available on record.
5. The OP in spite of valid notice did not prefer to take part in the proceeding in any manner. Hence the above allegations of the complainant remained unchallenged in absence of counter and participation of OP. We are aware of the well settled law that conducting examination and publication of marks are the statutory functions of the OP and for the said purpose, a student cannot be termed as consumer of the Ops but the present case in hand is something deferent as that of the above facts.
6. The present case of the complainant is that he applied for re-addition of marks and supply of scanned answer sheet of Mathematics paper but the OP acted in a very negligent and casual manner on that issue. The OP has supplied the scanned copy of Mathematics paper containing 32 pages. As per allegation of the complainant, we have thoroughly gone through the said copies and found the allegation appears to be correct because the hand writings of page No.1, 2, 3, 4, 5, 6, 15 & 16 (total 8 pages) differ in size and style as compared to other pages. The complainant has written a letter to OP on 24.6.2016 with request to trace out the missing answer sheet pages of Mathematics paper for genuine valuation. He also has sent reminders to the OP in this regard, the copy of which is available on record but the OP did not listen in spite of being paid.
7. This activity of the OP in our opinion is not related to their statutory duties and functions and hence the complainant is a consumer of the OP in the present case. Regarding the request of the complainant to OP to trace out all his missing pages for correct valuation, it can be said that such inaction of the OP by not tracing out the missing answer pages of Math papers of the complainant the OP committed serious deficiency in service. As such the OP is duty bound to trace out the missing answer pages for correct valuation. If such a practice continues by the OP, the students at large will definitely suffer in their career. Further due to such inaction of the OP, the complainant must have suffered some mental agony and as per his allegation, he could not be successful in the NEST that year. In the peculiar circumstances of the case, we are not inclined to grant any compensation in favour of the complainant but he is certainly entitled for some costs which we assess at Rs.5000/-.
8. Hence ordered that the complaint petition is allowed in part and the OP is directed to trace out the missing answer page No.1, 2, 3, 4, 5, 6, 15 & 16 of Mathematics paper of the complainant, ensure correct valuation and communicate the same to the complainant and to pay Rs.5000/- towards cost of this litigation to the complainant. The above directions are to be complied by the OP within 30 days from the date of communication of this order.
(to dict.)
