MANAS KUMAR PANDA vs Vice Chancellor, Berhampur University

THIS is regarding deficiency in imparting service in conducting examination.

THE petitioner had filled up examination form with required fee to appear in +3 final Hons. examination to be held in Khalikote College Centre in April 1992. Time table was notified by University. History Hons. Paper V was scheduled to be held on 15.4.92. But afterwards the date of examination of Paper V Hons. was scheduled to 14.4.92, for which the examinee could not appear in that paper for this arbitrary action i.e. shifting the date of examination without any notice, complainant''s career got a set back and he had to undergo heavy mental tension, for which he claims Rs. 1,50,000 as compensation. He produced the copy of his admit card, receipt of examination fee, time table of examination as documents. In their counter opposite party Nos.l and 2 submitted that the complainant having failed in 1991 final examination was re-appearing in 1992 final examination, programme of which was sent to the concerned colleges on 7.3.92. History Hons. Paper V examination was to be held on 15.4.92. But as representation was made by the students to change the date of the examination of Paper V of all the Hons. subjects to have a gap between Paper V and Paper VI. There was no other day convenient except on 14.4.92. According to them this change was intimated to all the Centre Superintendents and Principals of all Colleges by the University on 17.3.92, a copy of which is annexed by the opposite parties. As the complainant was to appear as collegiate student bearing Roll No.K907114, there was no necessity of giving personal intimation regarding the change of programme. Taking into consideration his previous mark in 1991 he had been declared to have passed the examination. As this was the alternate relief sought for by him, the petition is not maintainable as. He filed this complaint before declaration of his result.

Above facts and averments made by opposite parties show a picture of management in higher education in Universities. The document show that the examination was to be held on 15.4.92. But it was changed to 14.4.92 as representation was made by the students to have a gap between Paper V and Paper VI. As there was no convenient date except 14.4.92 examination of Paper V was changed to that day. But there is no precedence any where that a examination is prepared. On unavoidable circumstances examinations can be postponed, not prepared. If situation demands it sufficient precautionary measures should be taken up by the authorities, such as taking signature of each and every student confirming the knowledge of intimation to every student. In this case no extra care was taken to confirm the intimation of change of programme.

EDUCATIONAL Institution is a place where systematic activity, discipline ought to prevail. Hence representation by students to have a gap between two papers should not make the authorities so biased to take up such decision as to prepare a date of examination, without being sure that each and every student is being informed about it. Service defined in Consumer Protection Act includes services of any description rendered for consideration except the services excluded in Sec.2(1)(d). Students having paid examination fee for appearing in examinations are consumers. Conducting examination is a service for consideration to be rendered by educational institutions. In this case there is deficiency by preparing the examination. It could have been postponed to any other day, and it could not have created inconvenience to any students. It is contrary to practice and convention. As the result had already been out, and the complainant''s care had been considered by the authorities by giving him the mark obtained by him in 1991 in that paper, the only remedy is left is to reexamine the complainant on the said paper without taking further fee. As the complainant is not willing to re-appear again, the Commission directs the opposite parties to award him at least pass mark i.e. 30 instead of 28, obtained by him in previous examination in the said paper. No cost. Petition allowed.