Complaint filed on: 04-03-2023.

                                                      Disposed on: 16-08-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 16^th DAY OF AUGUST, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.30/2023

Sri. N.Narasimhaswamy S/o Late Narasa,

Aged about 60 years, R/at Vaddara Halli Village,

Baledibba Galaga Post, Gubbi Taluk.

……………….Complainant/s

(By Sri. T.K.Jayaram, Adv.,)

                                                V/s

The Secretary,

Forman’s Certificate of Competency Examination,

Board of Mining Examination and Director of

Mines Safety (Exam), Dhandab-826 001.

Jharakand State.

……………….Opposite Party/s

(Served-Absent)

: ORDER:

BY SRI.KUMARA.N., MEMBER

This complaint was filed by the complainant U/s 35 of consumer protection Act 2019, to direct the OP to deliver the certificate with respect to the examination conducted and to pay a sum of Rs.5,00,000/- towards deficiency in service along with interest @ 18% PA from the date of petition to till its realization.

2.       In this case the OP was /is, the Secretary, Forman’s Certificate of Competency examination, Board of Mining Examination and Director of Mines Safety (Exam), Dhandab-826001, Jharakand State (Hereinafter called as “OP”)

3. It is the case of the complainant that the complainant appeared for the examination held during November 2011 under Metaliferous Mines Regulations 1961 for Forman’s Certificate of competency.  It is submitted that the complainant having a role number: 405713133 and the result declared on 09.04.2012 and the complainant was succeeded.   Further, the complainant submitted that, as per the direction of the OP, the complainant sent his degree bridge course (equivalent to 10 + 2) arts conducted by Karnataka State Open University to the OP in the year 2015.  Further, on 22.09.2022 the complainant sent letter requesting the OP to send the Forman’s Certificate of competency examination passed by the complainant.  But the OP did not send the same.  On 01.12.2022, the complainant issued legal notice to the OP, in spite of it, the OP not responded.  hence, this complaint.        
4.        After the complaint registered, notice was served to the OP.  But the OP did not appear before this Commission and not filed the version and affidavit evidence.  

5.        The complainant has filed his affidavit evidence and marked the documents at Ex.P1 to P11.

6. .       We have heard the arguments of counsel for complainant.  In spite of sufficient opportunities, the OP did not address the arguments. 

7.       The points that would arise for our consideration are:-

1. Whether complainant proves the deficiency in service on the part of OP?

2. Is complainant entitled to the reliefs sought for?

8.       Our findings on the aforesaid points are as follows:

Point No.1: In the Negative.

Point No.2: Negative to the below

:R E A S O N S:

Point Nos.(1) & (2):-

9. The complainant counsel, argued that the, complainant appeared the Forman’s Certificate of competency examination, held during November 2011 under Metaliferous Mines Regulations 1961, having a role number: 405713133 and the result declared on 09.04.2012 and the complainant was succeeded.   Further, the complainant submitted that, as per the direction of the OP, the complainant sent his degree bridge course (equivalent to 10 + 2) arts conducted by Karnataka State Open University to the OP and in spite of the repeated request the OP so far not sent the Forman’s Certificate of competency to the complainant, which leads to deficiency on the part of OP, hence pray to allow the complaint and award compensation. The complainant counsel produced documents, Ex P1, copy of Postal track, Ex P2, copy of Results declared, Ex P3, copy of the OP letter dated 14-05-2013 to the complainant, Ex P4, copy of the complainant reply letter dated 22-09-2021, to the OP, Ex P5, copy of degree bridge course (equivalent to 10 + 2) arts, dated 04-07-2015,conducted by Karnataka State Open University, Ex P6 & P7, copy of authorization letter, Ex P8, copy of notification, Ex P 9, copy of legal notice dated 01-12-2022 and Ex P10 copy of postal track.

10.     On perusal of the advertisement published by the OP, for the Forman’s Certificate of competency examination, the qualification required was, senior secondary school certificate of recognized Board or its equivalent certificate approved by the Govt, of India. The OP letter to the complainant (ExP3) dated 14-05-2013, requested the complainant to submit original pre – university certificate / Higher secondary certificate with attested copy.

11.     What is the meaning of senior secondary certificate; Students completing the SSCE are usually aged 16 to 18 and study full-time for two years (years 11 and 12 of schooling). Example; PUC and HSC. PUC is an intermediate course for the period of two years that is organized by state education boards or institutions in India. It stands for Pre-degree course or the Plus-two or the Intermediate course. HSC stands for Higher Secondary Certificate, comprising two years from classes XI and XII that leads to the higher secondary exam. The HSC/Intermediate and PUC Certificates are known as the "Class 12th Certificate" or the "+2 Certificate". It is awarded to senior high school students by almost all National and State Boards and it is also awarded to junior college students by some state boards.

12.     The complainant (Ex P5) document, copy of Degree Bridge course (equivalent to 10 + 2) arts, dated 04-07-2015, conducted by Karnataka State Open University to the OP in the year 2015.

13. Honorable CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH: BANGALORE, in the case of  Sri.Dada Peer Vs Chief Post Master General Karnataka Circle Palace Road Bengaluru: 560 001, (28th DAY OF NOVEMBER, 2019) opinioned that,  the Bridge courses of KSOU Mysore are not recognized by Govt. of Karnataka and that regarding considering this course for job, it was left to the discretion of respective boards/authorities/statutory bodies.

14.     In the above discussion, in this case, Forman’s Certificate of competency examination qualification was senior secondary school certificate of recognized Board or its equivalent certificate approved by the Govt, of India i.e. PUC or HSC. After the examination, i.e.  November 2021, the OP, on 14-05-2013 sent the letter to the complainant (ExP3) to submit original pre – university certificate / Higher secondary certificate with attested copy, but the complainant replied on 22-09-2021,ie after the lapse of 8 years and submitted his degree bridge course (equivalent to 10 + 2) arts, dated 04-07-2015 (Ex P5), conducted by the Karnataka State Open University to the OP on 22.09.2022, which proves that the complainant at the time of applying for Forman’s Certificate of competency examination not having essential qualifications. Secondly, A bridge course is an academic program that helps such students meets the minimum eligibility criteria for admission into the degree program of their choice; the bridge course is of one-year duration, which is not equivalent to, PUC or HSC. The complainant not possessing the required qualifications for Forman’s Certificate of competency examination and the OP not concluded the Forman’s Certificate of competency examination and not sent the certificate to the complainant. The complainant not produced any believable evidence of having required qualification for Forman’s Certificate of competency examination and not proved any deficiency of service on the part of OP, accordingly we pass the order as;

:O R D E R:

The complaint filed by the complainant is dismissed with No costs.

Furnish the copy of order to the complainant and opposite party at free of cost.