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S.S.SANDHAWALIA, BASANTI DEVI, TIKKA SINGH
TILAK RAJ OF CHANDIGARH – Appellant
Versus
HARYANA SCHOOL EDUCATION BOARD, BHIWANI – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. Hemant Sarin, Advocate.
For the Opposite Party :Mr. K.K. Gupta, Advocate.

ORDER

S.S. Sandhawalia, J. — Is the imparting of education to its citizens a sovereign regal function of the State? If not then is such education (when imparted for consideration) a “Service” within the meaning of Clause (o) of sub-Section 1 of Section 2 of the Consumer Protection Act? If so would the conduct of examination by a School Board for a prescribed fee be equally a service aforesaid? This is the trilogy of significant thresh hold questions in this case, apart from the merits thereof.

2. The facts giving rise to the issues aforesaid lie within a narrow compass. The Haryana School Education Board as its name indicates conducts the Matriculation examination within the State and candidates are allowed to take the same on compliance of the requisite formalities including the payment of a fee prescribed therefore. More than a decade ago the complainant enrolled as a private candidate to appear in the Matriculation examination to be conducted in March, 1981 and was allotted Roll No. 615347. He sat for the said examination at his centre in Chandigarh and the result thereof was published in the official Gazette later. To the chargin of the complainant, his result was described there






































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