Ravinder Kumar vs State of Haryana

-THIS is an appeal filed against order dated 18.7.2003 passed by District Consumer Disputes Redressal Forum-I [for short hereinafter referred to as the District Forum] in complaint case No. 127 of 2001.

THE District Forum has dismissed the complaint seeking compensation of a sum of Rs. 5 lacs for deficiency in service on the part of respondents on the ground that the respondents cancelled the entrance test held for the session 1999-2000 and declared the same as zero year without giving any cogent reasons. THE grievance of the appellant/complainant is that his one year has been spoiled for which he suffered considerably and assessed the amount of compensation at a sum of Rs. 5 lacs. The appellant had sought admission in JBT Teacher Course launched by OP No. 3 - Director, State Council of Education Research and Training Haryana, Gurgaon [for short hereinafter referred to as SCERT]. The appellant was allotted Roll No. 110897 for appearing in the entrance test. The result of the test was not declared. On the other hand, the respondents cancelled the said test and declared the aforesaid year as zero year. It is not disputed that another admission notice for the session 2000-2002 was issued in several newspapers published on 26.10.2000, 27.10.2000 and 28.10.2000. The complainant again applied for admission in the course and obtained prospectus-cum-application form which was provided to him free of costs. The appellant also appeared in the entrance test held on 31.12.2000 under Roll No. 101039. The result of the test was declared on 28.2.2001. The appellant, however, could not secure a selection for the said course. In the complaint case, the complainant alleged deficiency in service on the part of the respondents inasmuch as they did not convey any reason whatsoever to the complainant for not declaring the result for the said course for the session 1999-2000.

Reply was filed by way of affidavit of Director, SCERT, Haryana, Gurgaon namely Smt. Nirmal Lather. It was alleged that in an identical matter, Civil Writ Petition No. 1479 of 2000 was filed by one Ms. Nirmala Kumari against State of Haryana and the same had been dismissed as having become infructuous by a Division Bench of Hon''ble Punjab and Haryana High Court vide order dated 1.5.2000. It was mentioned that the District Forum could not decide the present complaint after the decision of the said writ petition in the identical matter.

REGARDING the cancellation of the entrance test held for the session 1999-2000 declaring it zero year were admitted and it was contended that the Haryana Government had vide order dated 26.4.200 cancelled the entrance test and declared at zero year and as such the result could not be declared by the department. Reference may be made to the admission notice published for the session 2000-2002 which contained a note "the candidates who have applied for admission to the said courses for the year 1999 they need to apply again. However, they will be supplied Prospectus-cum-application form free of costs. For this, they should contact the District Education Officer of the district they belong. " It was further pleaded that several other similarly situated candidates accepted the decision of the Haryana Government regarding the cancellation of the test held for the session 1999-2000 and for declaring it a zero year and the complainant was no exception to it . The OPs further pleaded that the complainant had applied again for the session 2000-2002. It was also contended that the Government had already waived off the minimum and upper age limit for admission to B.Ed/O.T for the year 1999 and so on laid down in the prospectus.

THE Director, SCERT Haryana, Gurgaon filed his detailed affidavit in support of the averments made in the written statement. In his affidavit, the complainant Sh. Ravinder Kumar referred to order dated 1.5.2000 passed by a Division Bench of the Hon''ble High Court and contended that it was only regarding issuance of direction to declare result of the said examination and it had no bearing over the question whether the services of the respondent were deficient or not. Smt. Nirmal Lather, Director, SCERT Haryana, Gurgaon filed counter affidavit to the affidavit of the complainant. The allegations of deficiency in service were denied by the respondent. The District Forum held that there was no deficiency in service on the part of OPs who had allowed the appellant to take the subsequent test and did not charge any fee from him. The complaint was thus dismissed as being without merit

FEELING aggrieved against the impugned order of the District Forum, this appeal has been filed. Notice of appeal was served on the respondents who put in appearance through Sh. Sanjeev Taiya, AAG, Haryana. The record of the complaint case was summoned from the District Forum. We have heard Mr. V.B. Aggarwal, Advocate appearing for the appellant and Mr. Sanjeev Taiya AAG, Haryana for the respondents. We have also carefully gone through the impugned order and the material placed on record of the complaint case.

A perusal of the record of the case will go to show that the fact that the appellant/complainant applied for undertaking entrance test for seeking admission to JBT Teacher Course has not been disputed. It has not been disputed that he paid the prescribed fees and undertook the test. It has also not been disputed that the State of Haryana took a decision vide order dated 26.4.2000 to cancel the said entrance test and to declare the said session as zero year. It is evident for the affidavit filed by Smt. Nirmal Lather, Director, SCERT Haryana, Gurgaon that the complainant obtained prospectus-cum-application form for the entrance test which was held for the session 2000-2002 free of costs and there was exemption of age limit. The complainant was allowed to undertake the test and the result was declared but the complainant could not succeed in the test and his name did not appear in the list of successful candidates. It has been further mentioned in the reply as well as in the affidavit that the decision of the Haryana Government affected not only the complainant but several other candidates who had undertaken the test for admission to the session 1999-2000 and one such candidate namely Ms. Nirmala Kumari had filed a writ petition being CWP No. 1479 of 2000 in the Hon''ble High Court wherein a prayer was sought for issuance of mandamus to the respondents to declare the result of the test undertaken for the admission to the concerned course for the session 1999-2000. On 1.5.2000, the Civil Writ Petition came up for hearing before the Division Bench wherein the reply was filed on behalf of State of Haryana informing the Hon''ble Court that the State Government had cancelled the test held for admission to the respective course for the session 1999-2000. In view of the stand taken by the State Government, the writ petition was dismissed as having become infructuous.

It may be pointed out that the complainant applied for the subsequent test, which was published in the newspapers on 26.10.2000, 27.10.2000 and 28.10.2000 and was allotted Roll No. 101039. The complainant appeared in the test but could not succeed as his name did not appear in the list of successful candidates. The O.Ps. extended all the facilities to the candidates after the entrance test for the session 1999-2000 had been cancelled by the Government and declaring that session as zero year, who have appeared and made them eligible to appear at the subsequent test held for the session 2000-2002.

IN this view of the matter, it cannot be said that there was any deficiency on the part of the O.Ps. to cancel the entrance test for the session 1999-2000 and for not communicating individually to each candidate the reason for the cancellation of the test and declaring the said session as zero year. The District Forum has thus rightly held that there was no deficiency in service on the part of O.Ps. We find no merit in this appeal, which is dismissed. The costs shall, however, be borne by the parties themselves. Copies of this order be sent to the parties free of charge. Appeal dismissed.