G P TIWARI Vs. DISTRICT MAGISTRATE SONBHADRA

JUDGEMENT

(1.) -this is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against judgment and order dated 22.10.2001 passed by District Consumer Forum, Sonbhadra in Complaint Case No.192 of 2001.

(2.) INITIALLY a complaint was filed with the allegation that there are four primary schools running under the control of Cement Factory (Churk) in which two primary schools are recognised by Basic Shiksha Parishad, Mirzapur w. e. f.14.12.1956. The petitioner is Head Master of the recognised Cement Factory Primary Pathshala, Purani Churk, Sonbhadra and his sons Rohit and daughter Km. Saraswati are under his guardianship also. Some hinderance has occurred to conduct the annual examination of 2001 of the 5th class and the petitioner is facing difficulties caused by non -payment of salary for near about 40 months. It was also averred that the District Magistrate concerned had passed orders on 16.4.2001 regarding commencement of the examination of 5th class of the aforesaid school which is illegal because the Cement Factory Primary School, Purani Churk is a recognised institution which is not running under the control of Principal, Cement Factory, Churk and Ghurma. In this connection the complainant had filed a writ petition in 1996 before the Hon. High Court of judicature at Allahabad in which orders were passed not to interfere in the jurisdiction related to or in any case the Head Master, Cement Factory Primary Pathshala, Purani Churk. Further the Hon. High Court has appointed an official liquidator w. e. f.8.12.1999 to look after the Cement Corporation, Churk. Then Smt. Rekha Srivastava, B. S. A. vide order dated 15.9.1998 brought to notice that none of the Primary Schools of the Cement Factory, Churk is recognised and hence the aforesaid B. S. A. refused to make counter signature over TCs of the students with the result TCs to 5th class students passed were not issued and as such the present B. S. A. , Sonbhadra is not accepting the recognition of the aforesaid schools.

(3.) IT has further been averred that now the admission in Class VI of the 5th class students passed from the aforesaid school is not being taken by the Principal, Rajkiya Inter college, Churk Cement Factory and General Manager in absence of not providing the affidavit whereas the admission in Class VI was being taken till 1998 on the basis of certificate issued by the aforesaid primary school.