LAWS(NCD)-2005-12-97

BOARD OF SCHOOL EDUCATION Vs. HUNEY PURI

Decided On December 01, 2005
BOARD OF SCHOOL EDUCATION Appellant
V/S
HUNEY PURI Respondents

JUDGEMENT

(1.) This order shall dispose of above mentioned appeals as they have arisen out of the order dated 23.5.2005 passed by District Forum, Yamuna Nagar in Complaint Case No.113 of 4.2.2005.

(2.) Put shortly, the facts of the case are that the complainant - Huney Puri has passed the Matriculation examination through Haryana Open School as Jain Mahavidayala, Sadhaura did not approach the Board of School Education, Haryana, Bhiwani (hereinafter referred to as the Board) for issue of enrolment number in time. Thereafter she got admission in D. A. V. College, Sadhaura (hereinafter referred to as the college ). The college also did not approach the Board for getting her allotted enrolment number in 10+1 class. When her application for enrolment was sent to the Board for taking 10+2 examination of the Board, the same was rejected by the Board on the ground that the complainant has not applied for enrolment after passing Matriculation examination and joining 10+1 class due to the default on the part of the College, which was required to send the enrolment form during the period the student was studying in 10+1 class, as per Clause 8 of the circular letter relating to the enrolment of class 9th, 10th, 11th and 12th for the session 2003-2004 and the rejection so made was communicated to the complainant vide letter memo No.36866 dated 12.8.2004. Aggrieved by the action of the Board, the complainant invoked the jurisdiction of the District Forum wherein she prayed that direction be issued to the appellant to issue enrolment number and also roll number to her so that she may be able to appear in 10+2 class examination going to be held in the month of March, 2005. In addition, she claimed Rs.1,00,000 as compensation on account of mental agony and harassment suffered by her.

(3.) The claim was contested by the college. In the written statement filed, it was pleaded that the complainant has joined the college after passing the Matriculation examination on the basis of Matriculation certificate which bears enrolment number issued by the Board in terms of the direction issued in Clause 6 of the circular letter referred to above. It was further pleaded that the Board had issued direction contained in Clause 8 of the circular letter that the students, who had passed Matriculation examination through Haryana Open School, the college/school has to get enrolment number in 10+1 and the enrolment number given on their previous certificate through Haryana Open Board shall be invalid and after receiving the said letter, the college applied for the enrolment of complainant through letter No. DAVS/1302 dated 24.9.2004 along with enrolment return proforma in which particulars of the complainant were mentioned, but the Board declined the claim of the college vide letter No.19215/a-1/enrolment/x+ii dated 7.12.2004. It was further pleaded that the college had made another request to the Board to enrol the complainant and necessary information was given to the parents of the complainant vide letter No.1509 dated 12.2.2005. The college had also informed the complainant about the rejection of the application for enrolment of the complainant to her parents. It was accordingly pleaded that as there was no fault on its part, the complaint merited dismissal.