MIZORAM BOARD OF SCHOOL EDUCATION Vs. LALCHHANHIMA RENTLEI

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, learned Senior Counsel for the appellant, assisted by Ms. Ruth Lalruatfeli, learned counsel. Also heard Mr. Joseph L. Renthlei, learned counsel for the respondent.

(2.) The instant RFA is filed against the Judgment and Order of the learned Senior Civil Judge-IV, Aizawl District, in Civil Suit No. 114/2015, dtd. 26/8/2019, wherein the appellants were directed to pay an amount of Rs.1,00,000.00 (Rupees One Lakh) only to the plaintiff/instant respondent within 3 months from this date of order as compensation for the injury/damage caused to the plaintiff/instant respondent due to negligence act. The defendants/instant appellants were further directed to pay Rs.15,000.00 (10,000 + 5,000) as pleader's fee and cost of the suit with an interest thereon at the rate of 10% to the plaintiff/instant respondent from the date of the judgment and order to the date of realization.

(3.) The brief facts of the case, leading to filing the present appeal is that the present respondent, who was the plaintiff in Civil Suit No. 114/2015, had approached the trial court for payment of adequate compensation by stating that he had appeared in the matriculation examination conducted in the year 2015 and being a competitive student, who had always been outstanding among his peers, he was expecting to pass on distinction, however, when the results were published, he had secured only 65 marks in the science subject. Thereafter, being extremely aggrieved, he had applied for re-evaluation of his marks, and subsequently, his marks in the science subject was improved from 65 marks to 82 marks. However, because his previous marks of 65 in the science subject, he did not get admission at St. Paul's Higher Secondary School and by the time his marks were re-evaluated, scoring 82 marks in the science subject, the admission process at St. Paul's Higher Secondary School in science stream was already closed. Because of him not getting admission into St. Paul's Higher Secondary School which had always been his ambition, as he felt that this school provided the best education in the State of Mizoram and would help him to achieve his future career, he had to take admission at Serkawn Higher Secondary School, Lunglei which he felt was below the standard of education imparted by the St. Paul's Higher Secondary School.