DEEPAK A SALOT vs National Insurance Company Ltd

IT is a say of the complainant Sanjeev Kumar Gupta that he secured 260 marks out of 425 marks in the B. Ed. Examination in 1993. Meerut University allowed him to join J. V. Jain College at Saharanpur on 11. 2. 1994 but he was told that admission cannot be granted as it does not bear the seal of the concerned officer. His repeated efforts to get admission on 1. 3. 1994, 2. 3. 1994, 3. 3. 1994, 4. 3. 1994 bore no fruits.

ACCORDINGLY, he filed a complaint before the District Forum, claiming Rs. 5 lakh as compensation and for directing the college to give him admission at least during the next year. Opposite party Nos. 1, 2 and 3, Head of the Education Department, Assistant Registrar and Clerk respectively of Meerut University contended that it is the duty of the college to give admission hence they do not come into the picture. O. P. No. 4 - Principal, O. P. No. 5 - Head of the Education Department and O. P. No. 6 - Professors of the Education Department of the J. V. Jain College, Saharanpur contended that the complainant secured only 260 marks whereas the cut-off point was 262 hence he could not be granted admission.

The District Forum held that the University had clearly written in their letter that J. V. Jain College give the admission to the complainant but as the college did not comply with this, the complainant lost a valuable year and also there is no guaranteee that he would pass in the second attempt in the B. Ed. Entrance Examination. It rejected the version of the O. Ps. 4, 5 and 6. Though there was a proposal to grant him admission in NREC College, Khurja, there is no evidence to the effect that he was so informed. Therefore, the District Forum directed as follows : "the application against opposite aparty Nos. 1, 2, 3, 4, 5 and 6 is rejected and accepted against opposite party No. 4 Principal J. V. Jain College, Saharanpur. Dr. R. R. Azad, opposite party No. 4 is ordered to pay to the plaintiff Rs. 20,000 each i. e. , Rs. 60,000 as compensation for loss of three sessions and Rs. 10,000 compensation for physical and mental harassment and Rs. 1,000 as cost the suit within one month from this order. In case of non-payment within the prescribed limit the plaintiff will be entitled to get the entire amount of Rs. 71,000 with simple interest @ 18% per annum till the actual payment. "

DISSATISFIED by the order of the District Forum, Dr. R. R. Azad, Principal of Jain College filed an appeal before the U. P. State Consumer Disputes Redressal Commission, Lucknow which held that the decision of the District Forum is not based on facts and, therefore, allowed the appeal setting aside the order of the District Forum. Hence, this revision by the complainant. The revision petitioner read out the letter of Ch. Charan Singh University, Meerut letter No. 25-77/956 dated 6. 7. 1994 addressed to the President of the District Forum, Saharanpur wherein it is clearly mentioned that the university has given permission for admission of Shri Sanjeev Kuamr Gupta in J. V. Jain College, Saharanpur for B. Ed. course for the year 1993-94. The University has no objection about his admission in that college. The dispute is between J. V. Jain College and the complainant. A copy of this letter is marked to Principal, J. V. Jain College and also Sanjeev Kumar Gupta.

AS against this it was contended by the learned Counsel for the respondent that a letter of Dr. G. C. Pachauri, Head of the Department Education, J. V. Jain College, Saharanpur dated 23. 3. 1994 addressed to Coordinator of B. Ed. Entrance Committee, Meerut University wherein it has been mentioned that the complainant has secured 260 marks whereas the cut-off marks for their college is 262. Hence, the Coordinator may take further necessary action. R. A. Sharma, Head of Department, Education Department, Meerut University has endorsed on this letter as follows : "as per his merit of 260 marks you are directed to grant admission to Sanjeev Kumar Gupta in Khurja College. " accordingly, he also addressed a letter on the same date to the Principal, NREC College, Khurja marking a copy of the same to the complainant. The petitioner contends that he has never received this letter. When this letter was brought to his notice he submitted that it does not have a reference number so the authenticity of this letter is doubtful. Further, he submitted that if he would have known about this he would have gone and joined Khurja College. On the other hand in a subsequent year he took admission for evening classes in another college and secured B. Ed. degree. In view of these rival contentions we deem it necessary that the contending issues are looked into afresh by the District Forum. Both the parties will be entitled to lead evidence on affidavit before the Forum.

ACCORDINGLY, we set aside the order of State Commission and remand the case back to the District Forum for complaint being decided afresh in the light of the observations made in the preceding para of this order.

PARTIES will appear before the concerned District Forum for directions on 14th May, 2007. There shall be no order as to costs. Revision Petition disposed of.