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Judgment
THE Registrar, Nagarjuna University, Guntur, being the opposite party in CD No. 8/1996 on the file of the District Forum, Krishna at Machilipatnam preferred this appeal aggrieved by the order dated 13.11.1996 passed by the District Forum directing him to allow the complainant to appear for 3rd year B.Sc. examination under the new scheme after receiving the condonation fee from the complainant, and after informing the complainant about the same.
THE case of the complainant, who is the respondent herein is that he completed 1st and 2nd years course of B.Sc., with Register No. 9573 and attended the classes for the 3rd year course of B.Sc. for 112 days as against 181 days during the academic year 1988-89 and put in only 62% of attendance in Hindu College, Machilipatnam. He took a transfer certificate from the said college on 3.2.1989 for joining Engineering course and completed the Engineering course also. As he wanted to complete the B.Sc. course, he submitted an application to the opposite party University through the Principal, Hindu College, Machilipatnam on 23.6.1995 requesting for condonation of shortage of attendance and for permission to appear for the 3rd year B.Sc. examination in September, 1995 through that college. As there was no response from the Principal of the said college for a long time, he could not appear for the 3rd year B.Sc. examinations held in September, 1995. THErefore, the complainant approached the District Forum, Machilipatnam, and filed a complaint CD No. 8 / 1996 requesting for directions to allow him to appear for the 3rd year B.Sc. examination to be held in March, 1996 at Hindu College, Machilipatnam and to grant necessary condonation for shortage of attendance subject to payment of the required fee and also to pay compensation of Rs. 5,000/-. The opposite party filed counter denying all the allegations and contending that the complainant sent his application only on 23.6.1995 for condonation of shortage of attendance and for permission to appear for the 3rd year B.Sc., examination in September, 1995 that because a new scheme with new syllabus was introduced by then all the old scheme candidates were allowed to appear only upto April, 1994 to complete their degree courses the complainant was not permitted to appear for the examination, that the complainant has to take up new syllabus if he wants to complete the 3rd year B.Sc., course and then appear for the examination and that therefore, there is no deficiency of service. The opposite party however did not participate in the enquiry. After hearing the complainant''s Advocate, the District Forum passed the impugned order.
In this appeal before us, it is contended for the appellant that the complainant studied the course in the old scheme, that by the date of complainant''s request for condonation of shortage of attendance and for permission to appear for the 3rd year B.Sc. examination, a new scheme with new syllabus was introduced and therefore, the question of permitting the complainant to appear for the examination in September, 1995 after the new scheme came into existence does not arise. We see sufficient force in this contention. Since the new scheme came into existence with new syllabus, the complainant has to complete the course in new syllabus and then appear for the examination. It is not the case of tshe complainant that he completed the new syllabus. Therefore, we hold that there is no deficiency of service on the part of opposite party and that the District Forum is not right in directing the opposite party to permit the complainant to appear for the 3rd year B.Sc. examination under new syllabus.
IN the result, the appeal is allowed and the order of the District Forum is set aside and the complaint is dismissed. There shall be no order as to costs in this appeal. Appeal allowed.