Case BriefsHigh Courts

Allahabad High Court: This petition was filed before a Single Judge Bench of Ajit Kumar, J. where an interim order in favour of petitioner was passed.

Facts of the case were that petitioner had applied for the UP Teacher Eligibility Test, 2018 and had successfully registered online for the same.  But while paying the online fee due to server problem his fee was not accepted. Thereafter, the petitioner approached the respondent. Respondent could not help the petitioner as offline payment of fee facility was not available. Hence, this petition was filed.

Petitioner contended that similar question was raised in another case of Madhu v. State of U.P., Writ-A No. 23113 of 2018, where an interim order was passed. In the interim order passed petitioner was allowed to participate in the U.P. TET Examination 2018. Respondents admitted that the case was covered under the case referred by petitioner and the directions in respect of candidates were similarly placed.

High Court issued an interim mandamus to the respondent to allow petitioner to participate in UP Teacher Eligibility Examination with a condition that his result would not be declared and would be subject to the outcome of the petition. Therefore, this matter was listed for hearing on another date. [Rachana Mishra v. State of U.P.,2018 SCC OnLine All 2740, order dated 14-11-2018]

Case BriefsTribunals/Commissions/Regulatory Bodies

National Consumer Disputes Redressal Commission (NCDRC): There is no deficiency in services of an educational institution if the results of a candidate has been withheld by the institution due to non-payment of fees, observed NCDRC while dismissing a revision petition filed by a person whose result was not declared by Divya Institute in Shimla as he had not paid the full fees for M P Ed (Master of Physical Education) course.

Earlier, the petitioner took admission in M P Ed two year course run by Divya Institute for the academic session 2008-2009. Initially, the petitioner had deposited Rs 15,000, thereafter he deposited Rs 2500  and Rs 2000  respectively. The petitioner took the  examination, however, the result was not declared. When the petitioner approached the Institute, he was informed that some payment was still due on his part  and, in case, the petitioner pays that amount, the result would be declared. The petitioner paid Rs 2500  on 24.02.2010 but the result was not declared. Feeling aggrieved, the  petitioner approached the  District Forum for relief.

Before the Forum, the Institute contended that against the amount of Rs 30,000  payable, the petitioner had paid only a sum of Rs 24,500 and due to this reason, the result had not been declared by Singhania University, Jaipur, Rajasthan, which had conducted the examination. The District Forum allowed the complaint and directed the Institute to refund Rs 24,500  to the complainant along with  Rs 15,000 as punitive compensation and litigation cost of Rs  5000. The said order of District Forum was set aside by the Himachal Pradesh State Commission in the appeal filed by the Institute. The   State Commission noted that it was verified that the petitioner was supposed to have paid a sum of Rs 30,000  against which he had paid only a sum of Rs 24,500 and because of that Singhania University, which conducted the examination, did not declare his results. However, the State Commission directed Divya Institute to take up the matter with Singhania University for the declaration of the result of the respondent in case he pays the balance amount of money.

In the revision petition filed before NCDRC, petitioner accepted that he had not paid the full amount due and but stated that the Institute had never raised any demand so that he could pay the same. After perusal of relevant records, the NCDRC noted that the Institute had informed the petitioner during his visit in October and in December 2009 about the amount due but he had failed to deposit the full and final amount towards fee and hence, his results were with-held by the Singhania University.

“We find no infirmity in the order of the State Commission which has accepted the appeal and set aside the impugned order of the District Forum and directed the petitioner to take up the matter with the Singhania University for the declaration of the result of the petitioner after he pays the balance money due,” noted the Commission. While confirming the order of State Commission, NCDRC dismissed the revision petition. [Shiv Kumar v. Divya Institute2016 SCC OnLine NCDRC 1422, decided on September 8, 2016]