LAWS(ALL)-2006-1-360

SAMPURNANAND SANSKRIT UNIVERSITY Vs. DISTRICT CONSUMER REDRESSAL FORUM

Decided On January 06, 2006
Sampurnanand Sanskrit University Appellant
V/S
DISTRICT CONSUMER REDRESSAL FORUM Respondents

JUDGEMENT

(1.) By means of the present writ petition, under Article 226 of the Constitution of India, petitioner seeks a writ, order or direction in the nature of prohibition directing the District Consumer Redressal Forum, Jaunpur, not proceed with the case No. nil of 1994-Prabhat Kumar Yadav and others Versus Registrar, Sampurnanand Sanskrit University, Varanasi and to drop the proceeding in the said case.

(2.) The brief facts giving rise to the writ petition are these:

(3.) The petitioner-Sampurnanand Sanskrit University, Varanasi, has been established by the State Government and through a chain of Sanskrit Pathshalas all over India the University conducts courses for teaching Sanskrit language and literature. The sole object of the said University is to promote and spread Sanskrit language. According to the petitioner the opposite parties except one are the students of Adarsh Sanskrit Mahavidyalaya Jamdeeh Manikpur, district Jaunpur which is affiliated to Sampurnanand Sanskrit University, Varanasi. The opposite parties approached the District Consumer Redressal Forum, Jaunpur as their examination forms were not accepted by the University. According to the petitioner the forms sent by Adarsh Sanskrit Mahavidyalaya for the examination to be held in the year 1994 were not accepted as the arrears of fee for the year 1993 were not cleared and the examination forms were not approved by the authorized person. The District Consumer Redressal Forum, Jaunpur has no jurisdiction to entertain the complaint and has acted without jurisdiction by issuing notice dated 19.8.1994 (Annexure-1 to the writ petition). The petitioner states that subject education does not fall within the ambit of the Consumer Protection Act, 1986. The petitioner has stated that the University is engaged in pursuit of imparting education to the students and its object is not to gain profits.