RAMESH BHARDWAJ Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) Km. Aruna Bhardwaj had appeared at the Supplementary Sr. Secondary Examination, 1993 from Govt. Maharaja Sr. Higher Secondary Girls School. The said examination was held by the Board of Secondary Education, Ajmer.

(2.) The result of the said examination was declared on 2.10.1993 and she was declared as passed. But she did not get the marksheet from respondentzx No.2. It was after contacting the Education Board at Ajmer that she obtained a duplicate marksheet on 28.10.1993. Subsequently the original marksheet was also delivered to her by respondent No.2 on 2.11.1993. Alleging deficiency in service on the part of the respondents, the complainant Sh. Ramesh Bhardwaj, who is father of Aruna Bhardwaj filed a complaint before the Forum. The Forum dismissed such complaint on the ground of non-maintainability. The Forum further held that in the facts and circumstances of the case the late delivery of the marksheet by the respondents to Aruna Bhardwaj would not amount to deficiency in service on their part. Aggrieved by such order of the Forum the appellant has preferred this appeal.

(3.) Heard the learned Counsel for the parties. There is evidence on record to prove that respondent No.1 had forwarded the original marksheets of the students to respondent No.2 on 12.10.1993. But it appears that the original marksheet was lost in the office of respondent No.2 and, therefore, the same could not be delivered by respondent No.2 to the appellant. The appellant appears to have contacted the office of respondent No.2 on 27.10.1993 and thereafter he appears to have approached the office of respondent No.1 at Ajmer and obtained the duplicate copy of the marksheet on 28.10.1993 itself. Thereafter the original marksheet, which was traced in the office of respondent No.2 was also delivered to the appellant on 2.11.1993.