LAWS(NCD)-2019-7-117

VIJAY KUMAR Vs. DIRECTOR REGIONAL OFFICE (IGNOU)

Decided On July 02, 2019
VIJAY KUMAR Appellant
V/S
Director Regional Office (Ignou) Respondents

JUDGEMENT

(1.) The petitioner / complainant took admission in BPP Course of the respondent Indira Gandhi National Open University (IGNOU) in the year 2013. He appeared in the examination on 31.12.2013 but his result was declared on 21.7.2015. According to him, normally the results are declared in June and December but in his case it was delayed by more than one year. Alleging deficiency on the part of the IGNOU in rendering services to him, he approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the respondents, who inter-alia stated in their reply that though, OSS was cleared by the complainant securing 21 out of 50%. He could not clear PCO, he having got only 14 out of 50 marks. He again appeared in PCO in December, 2013 and passed, securing 19 out of 50 marks. His result was updated on the website on 22.2.2014. It was also stated in their reply that for OSS 101, the assessment was submitted by the complainant on 03.4.2013 and result was updated in June, 2013. He did not submit assessment for PCO-1 prior to 23.7.2014 when he submitted one assessment which was sent for evaluation on 24.7.2014 and the result was updated in July, 2015. Thus, the grievance of the complainant is with respect to delay in declaration of the result of his test. Holding an examination and declaring its result is a core activity forming part of rendering education.

(3.) The District Forum having allowed the consumer complaint and having awarded compensation to the complainant, the respondents approached the concerned State Commission by way of an appeal. Relying upon the decision of the Hon'ble Supreme Court in Bihar School Examination Board Vs. Suresh Prasad Sinha, 2009 8 SCC 483 and P.T. Koshy & Anr. Vs. Ellen Charitable Trust & Ors., SLP No.22532 of 2012 decided on 09.8.2012, the State Commission allowed the appeal and consequently dismissed the consumer complaint. Being aggrieved the petitioner is before this Commission by way of this revision petition.