SAINT THERESAS CONVENT SCHOOL Vs. PAUL SAMUEL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 1.8.2002 passed by District Forum, Karnal in Complaint Case No. 594 of 2002, whereby while partially accepting the complaint filed by the respondent -complainant, the following directions have been given to the appellant -opposite party: '(A) That O.P. shall issue DMC to the complainant within a period of 15 days of the receipt of copy of this order against proper receipt. (B) That O.P. shall get the complainant admitted in 8th class within a week of the receipt of copy of this order, if so desired by him. However, the complainant shall be liable to deposit all the requisite fees with O.P. as per rules of the school. The period from April 2002 till the date of admission as directed above shall be treated as leave period for the complainant. (C) That the complainant has suffered mental agony and harassment due to non -issuance of DMC by O.P. Therefore, we direct O.P. to pay a sum of Rs. 1,500 as compensation to the complainant within 15 days of the receipt of copy of this order.'

(2.) IN order to focus the controversy involved, the essential facts need to be noticed. Paul Samuel -minor was a student of appellants school of class VIII -B. He appeared in the final examination for the said class in the month of February, 2002 and result was declared on 27.3.2002. The complainant along with his father visited the school premises and found that the result of the complainant has been withheld on the ground that the complainant has not cleared dues and for that reason the DMC was not issued to him. The father of the complainant visited the school premises on 3.4.2002 and insisted upon the Principal of the school to permit his son to the 9th class but he was informed to clear the dues before the complainant could be permitted to sit in 9th class. Thereafter Rs. 600 were deposited by the father of the complainant on 6.4.2002 and he was asked to come to the school on 8.4.2002. Accordingly, the father of the complainant visited the school on 8.4.2002 and requested for issuance of DMC of the complainant and also to allow him to sit in the 9th class but his request was not acceded to by the Principal of the school, rather he was informed that he should get his son admitted in some school at Nilokheri and his DMC will be sent by post. The father of the complainant approached sister B.S. Nora, Provincial Superior, Provincial House of the School through letter to get his son admitted in the school but finding no response to the request made, the complainant, who is a minor through his father instituted the present complaint seeking direction against the appellant to admit his son in the 9th class after treating him as a regular student and further claimed compensation of Rs. 2 lac for mental agony, pain and harassment suffered by the complainant and his father besides other family members.

(3.) ON appraisal of the pleadings of the parties and evidence adduced on record, the District Forum partially accepted the complaint vide order dated 1.8.2002 and issued directions noticed earlier. It is against this order, the present appeal has been filed by the appellant.