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2010 Supreme(Cal) 983

KANCHAN CHAKRABORTY
Tahamina Khatun – Appellant
Versus
Gandhi Centenary B. T. College – Respondent


Advocates Appeared:
For the Petitioner:Sabyasachi Bhattacharya, Md. Jakir Hossain, Advocates.
For the Respondent:Bidyut Kr. Banerjee, R.N. Dutta, Arun Kr. Ghosh, Hare Krishna Halder, Sibasis ghosh, Pradip Basu, Advocates.

Judgement Key Points

Based on the provided legal document, here are the key points regarding the case Kanchan Chakraborty vs. Gandhi Centenary B.T. College:

Case Details and Parties * The case is Kanchan Chakraborty vs. Gandhi Centenary B.T. College, decided by the High Court of Judicature at Calcutta on 13-08-2010 (!) (!) . * The petitioner is Tahamina Khatun, and the respondent is Gandhi Centenary B.T. College (!) . * The petition was filed under Article 227 of the Constitution of India challenging an order passed by the State Consumer Disputes Redressal Commission (!) .

Facts of the Case * The petitioner filed a suit in 1993 against the College for not admitting her in the B. Ed. Course for the 1993-94 academic session despite her name appearing on the merit list (!) . * Although the High Court later directed the College to admit the petitioner for the 2002-2003 session, the petitioner was denied service for the 1993 session (!) (!) . * The petitioner filed a complaint before the District Consumer Disputes Redressal Forum claiming compensation of Rs. 9,90,000/- for lost academic years (!) . * The District Forum dismissed the complaint on the grounds that the matter was sub-judice in the Civil Court (!) . * The State Consumer Disputes Redressal Commission dismissed the appeal, holding that the complaint was barred by limitation and the matter was sub-judice (!) .

Issues Raised * Whether the application under Article 227 is maintainable when an alternative remedy (appeal to the National Commission) is available under the Consumer Protection Act, 1986 [Judgement Subject]. * Whether the High Court can interfere with the findings of fact recorded by the subordinate court or tribunal under Article 227 [Judgement Subject]. * Whether the High Court's power under Article 227 can be invoked to correct errors of law or fact [Judgement Subject].

Legal Principles and Arguments * The Consumer Protection Act, 1986, provides additional remedies and is not in derogation of other laws [Judgement Subject] (!) . * An application under Article 227 is maintainable even if an alternative remedy exists, provided the case falls under "exceptional cases" involving a gross jurisdictional error [Judgement Subject] (!) . * The power of superintendence under Article 227 is to be sparingly exercised to ensure subordinate courts function within their authority [Judgement Subject] (!) . * The High Court will not interfere with findings of fact or correct errors of law/fact under Article 227, except to prevent grave injustice or flagrant abuse of justice [Judgement Subject] (!) . * The petitioner argued that since no appeal lay against the State Commission's order in the National Commission, Article 227 was the appropriate remedy (!) (!) . * The respondent argued that since an alternative remedy was available under the Act, the High Court should not entertain the Article 227 application (!) .

Court's Findings and Decision * The High Court held that the State Commission committed no jurisdictional error in dismissing the appeal [Judgement Subject] (!) . * The Court found the complaint was hopelessly barred by limitation because the cause of action arose in 1993, not when the petitioner was eventually admitted in 2002 (!) . * The petitioner failed to establish an "exceptional case" necessitating High Court intervention [Judgement Subject] (!) . * The revision application was dismissed, and the petitioner's petition was not entertained [Judgement Subject] (!) .

Procedural History * The challenge was to the order dated 25.10.2005 passed by the State Consumer Disputes Redressal Commission (!) . * The petitioner had exhausted the remedy under the Consumer Protection Act by filing an appeal in the State Commission before approaching the High Court (!) (!) . * No order as to costs was passed, and any interim stay order was vacated (!) (!) .


Judgment :-

Kanchan Chakraborty, J.

1) The challenge in this application Under Article 227 of the Constitution of India is to the order dated 25.10.2005 passed by the learned State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No. 294/A/04, thereby affirming the order passed by the District Consumer Disputes Redressal Forum, North 24 Parganas in D.F. Case No. 39 of 2004 on 5.7.2004.

2) Tahamina Khatun (referred to as the petitioner hereinafter) instituted a suit being no. 94 of 1993 in the 2nd Court of learned Munsif at Barasat against Gandhi Centenary B.T. College, Profullanagar at Habra (referred to as the opposite party hereinafter) and prayed for the following reliefs:-

i) The defendant be directed not to give any effect/further effect to arbitrary/illegal selection made on 24.6.1993, till the disposal of the suit or alternatively keep birth referred for the plaintiff till the disposal of the suit;

ii) Grant provisional admission to the plaintiff and allow the plaintiff to attend the classes in B. Ed. Class for its 1993-94 sessions;

iii) Temporary/permanent injunction;

iv) Costs;

v) Such other relief or reliefs as the learned Court may determine;

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