CHAIRMAN BOARD OF EXAMINATIONS Vs. MOHIDEEN ABDUL KADER

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the order dated 30.9.93 of the State Commission, Tamil Nadu at Madras disposing of two appeals against the order dated 16.12.92 of the District Forum, Tirunelveli and confirming the award of (compensation of Rs. 2,000/ - and costs of Rs, 200/ - against the Chairman, Board of Examinations, Department of Technical Education, petitioner herein.

(2.) THE complainant alleged that he studied during 1986 -89 for getting Diploma in Electrical Engineering, that he appeared but did not pass III semester examination, that he applied to write the examination in October, 1991 and that he was issued the hall ticket bearing 23244. According to the complainant, he went to the examination hall with his hall ticket on 22.10.91 and took his seat, that the examination supervisor told the complainant that the subject Code No. of the subject was wrong, that the complainant approached the Chief Supervisor, that the hall supervisor was asked by Chief Supervisor, to proceed with the list, that the hall supervisor after perusing the list told the complainant that against the name of the complainant only Code No. 2 was cited but the Code No. of the subject Production Technology which the complainant wished to write is Code No. 1 and that all the persons in charge of conducting examination refused to permit the complainant to write the examination on 22.10.91. The complainant alleged that he was wrongly restrained and prevented from writing the examination on production Technology because of the attitude and negligence of the opposite parties and thus there is a clear case of deficiency in service of the persons engaged by the Petitioner herein. The other parties were sought to be made vicariously liable for the negligence. The complainant claimed a compensation of Rs. 25,000/ -.

(3.) BEFORE -the District Forum the complainant led oral and documentary evidence and the opposite parties filed affidavits along with documents. On the appreciation of the evidence, it was held that the hall ticket, Exhibit Al, shows that the complainant was appearing for III Semester Examination paper bearing Code Nos. 2 and 3, that on 22.10.91 there was examination in III Semester Production Technology -1 bearing Code No. 2, that the complainant was prevented from writing the examination due to confusion and gross negligence of the invigilator and that it amounts to gross deficiency in service. The District Forum granted a compensation of Rs. 2,000/ - and costs of Rs. 200/ - against all the opposite parties.