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Judgment
IN the light of the decisions already rendered by us in Joint Secretary, Gujarat Secondary Education Board v. B. Nithakkar dated 29th September, 1993 and in some other similar cases decided earlier wherein we have consistently taken the view that a University while valuing the answer papers or undertaking the re-valuation of answer papers or the re-checking of marks awarded to a candidate at the instance of a candidate who had appeared for the examination is not performing a "service" which had been hired or availed of for consideration and that no consumer dispute can therefore be said to arise when a complaint made by the concerned candidate that the valuation, re-valuation or re-checking had not been properly done, the order of the State Commission granting relief to such a candidate is clearly contrary to the rulings of this Commission and it has necessarily to be set aside. We accordingly allow this appeal, set aside the order of the State Commission and dismiss the complaint petition. There will be no order as to costs. Ordered accordingly.