MADHYAMIK SHIKSHA PARISHAD Vs. MANOJ KUMAR & ORS.

JUDGEMENT

(1.) HEARD Dy. Secretary, Regional Office of Madhyamik Shiksha Parishad, UP and Respondent/complainant, Manoj Kumar finally in the matter.

(2.) THE Complainant had appeared in the High School Exam, 1997 conducted by the petitioner. However, on 20.6.1997, marks sheet was issued to the Complainant wherein he was declared fail. In Science -2 paper he was shown absent. However, according to the Complainant, he was present and had appeared in the said paper. According to the Complainant, he had contacted the opposite party No. 1/petitioner many times for correction of result but, he had not heard anything further in the matter from the opposite party No. 1/petitioner and, as such, he filed a complaint before the Consumer Forum on 7.10.1997. In this complaint, it was requested that full and correct examination result of the Complainant be declared after correcting the result of Science -2 paper. The Complainant also claimed litigation and other expenses as also the damages.

(3.) THE present petitioner took up the plea that the complaint was barred under Section 80, CPC as also under Order 27, Rule 5A of CPC as well as under Rules 21 and 22 of the UP Madhyamik Shiksha Parishad. It was specifically pleaded that the result of the complainant was sent vide letter dated 17.8.1997 to the District Inspector of Schools, which was received by DIOS on 19.8.2007.