KOTA OPEN UNIVERSITY Vs. RAJ KUMARI YADAV

JUDGEMENT

(1.) A debatable issue having suffered fractured verdict for cleavage of opinion between two Hon'ble Members, Hon'ble Mr. Justice K.S. Gupta, Presiding Member and Dr. P.D. Shenoy, Hon'ble Member constituting the Bench, as to whether in carrying out function of conducting examination, evaluating answer papers and publication of results, the University performed "services" for consideration and candidate who appeared at the exams was a "person" who can be construed to have availed "services" of University, for consideration, was referred to this Bench by Hon'ble President of the Commission.

(2.) BEFORE contentions raised by learned Counsel for parties are appreciated, facts of the case as available from the record may be briefly noticed.

(3.) SMT . Raj Kumari Yadav, respondent in RP 479/2005 took admission in B.Ed correspondence course of two years in Kota Open University, the petitioner, for the session 1989 -90. Similar was the case with Vijay Shankar Sharma, respondent in RP 480/2005 who too took admission with petitioner - University in B.Ed correspondence course during the year 1990 -91. They attended teaching camps. Though Smt. Raj Kumari Yadav deposited internal assignment work, her results were withheld by University and even copy of mark -sheet was not made available to her. In case of Vijay Shankar Sharma too, though he appeared at exam, but his result was withheld. In cases of both Smt. Raj Kumari Yadav and Vijay Shankar Sharma, while contesting complaints filed by them before District Forum, the University refuted submission of internal assignment work by them though on different premises, as in case of Smt. Raj Kumari Yadav pleadings were raised by University that though internal assignment work was received by the University, it was not within time and hence her result was withheld due to marks of internal assignment being not available in time, though belatedly, it was sent to her on 23.3.1994. Similar pleadings were raised in case of Vijay Shankar Sharma also, for withholding of result, which was eventually sent to him along with mark -sheet on 28.12.1996.