EX-SUB SACHIDA NAND SHARMA Vs. CHAIRMAN CBSE

JUDGEMENT

(1.) Appellant was the complainant before the State Commission where alleging deficiency on the part of Central Board of Secondary Education (CBSE), he had filed a complaint which was dismissed on the grounds of maintainability and leaving it open to the complainant to seek his remedy before a Civil Court.

(2.) The facts of the case are that the complainant's son appeared for Xth class examination conducted by the respondent in March, 1991. The child wrote the examination but his result was not disclosed along with others. After protracted correspondence and personal visits to the respondent office in Ajmer and Delhi, only in response to a legal notice issued to the respondent, he was told that the child's examination result could not be declared for want of Internal Grades Certificate from the Principal of the School at Bareilly where the child was studying. Respondent was also told to intimate the name of school where the child was studying in order to get the internal grades. Respondent did not have it, as there was change of examination Centre from one region to another. Internal grades were finally obtained from the concerned school Principal while informing of the grades also intimated that they had already intimated the same to the respondent's Regional office in Ajmer in February, 1991. It was only in April/May, 1993, that the result of the complainant's son was declared causing loss of two years of further studies of the complainant's son. It was also the complainant's case that the same Roll Number 1199086 was issued to two students while the result of the other student was declared, this was not done in his case, which is a deficiency on the part of respondent. It is in these circumstances that a complaint was filed by the appellant before the State Commission who after hearing this petition dismissed the complaint as not being maintainable, hence this appeal.

(3.) While arguing the case, the appellant in person, stated that record is quite clear that for no fault of the child, the respondent took two years to declare the result. All the facts narrated earlier were reiterated. It is his case that deficiency on the part of the respondent is obvious on the face of it. The State Commission did not appreciate the full facts of the case, hence, that order be reviewed and set aside. On the other hand the learned Counsel for the respondent argued that CBSE is not rendering any service as contemplated under the Consumer Protection Act, 1986. In support of that he cited the judgment of Hon'ble Supreme Court as Unni Krishnan v. State of A.P., 1993 (1) SCC 645, in which Hon'ble Supreme Court held :