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RAJASTHAN STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, JAIPUR
Hon’ble Mr. Justice Sunil Kumar Garg,
President & Mrs. Sushma Tanwar, Member
AJEET PRATAP SINGH—Appellant
versus
INDIRA GANDHI NATIONAL OPEN UNIVERSITY & ANR.—Respondents
Appeal Nos. 2094 & 2263 of 2003—Decided on 3.3.2005
Counsel for the Parties :
For the Appellant :Mr. Davendra Mohan Mathur, Advocate.
For the Respondents:Mr. Hawa Singh, Advocate.
The refusal to award a degree after successfully completing a course due to technical grounds amounts to deficiency in service under the Consumer Protection Act, 1986.
Headnote:
Consumer Protection Act - Admission to M.B.A. Course - Section 15 of the Consumer Protection Act, 1986 - Section 12 of the Act of 1986 - II (2001) CPJ 74 (NC)=2000 CTJ 801 (CP) (NCDRC) - II (1994) CPJ 15 (NC)=(1994) II CPR 283 (NCDRC) - I (2004) CPJ 27 (NC)=2002 NCJ 28 (NC) - II (1995) CPJ 183 (NC)
Fact of the Case:
The appellant-complainant sought admission to a three years’ M.B.A. Course, completed the course, and requested the degree. The university refused to award the degree citing a mandatory Entrance Test requirement, which the appellant had not cleared.
Finding of the Court:
The court found that the appellant was wrongly given admission to the M.B.A. Course by the university, but as he successfully completed the course, the refusal to award the degree amounted to deficiency in service on the part of the university.
Issues: Admission to M.B.A. Course, refusal to award degree, deficiency in service
Ratio Decidendi: Imparting of education by an Educational Institution for consideration falls within the ambit of “service” as defined under the Consumer Protection Act, 1986. If a student is given admission wrongly to any course violating rules and regulations and successfully completes the course, depriving them of the degree amounts to deficiency in service on the part of the Educational Institution.
Final Decision: The appeal was allowed, and the university was directed to award the degree of three years’ M.B.A. Course to the appellant-complainant within a month. The compensation awarded by the District Forum was maintained.
Mr. Justice Sunil Kumar Garg, President—Both the aforesaid appeals are being decided by this common judgment as in both of them common questions of law and facts are involved and they have been preferred against the same order dated 25.9.2003 passed by the learned District Forum, Chittorgarh in Case No. 152/2003.
Appeal No. 2094/2003
Ajeet Pratap Singh v. Vice Chancellor, Indira Gandhi National Open University, New Delhi and Another.
2. This appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act of 1986”) has been filed by the appellant-complainant against the respondents with the prayer that the order dated 25.9.2003 passed by the learned District Forum, Chittorgarh to the extent of not awarding degree of three years’ M.B.A. Course to the appellant-complainant be quashed and set aside and the respondents be directed to award degree of three years’ M.B.A. Course to the appellant-complainant.
3. It arises in the following circumstances:
On 22.4.2003, the appellant-complainant filed a complaint under Section 12 of the Act of 1986 before the District Forum, Chittorgarh alleging therein that he sought admission to Post Graduate Specialization Diploma in Operations Management (PGSDOM) as per the rules of the Indira Gandhi National Open University (for short “the University”) prevailing in 1996. In the said complaint, it was further alleged by the appellant-complainant that thereafter, after completion of PGSDOM in 1998, he requested the respondent No. 2 Regional Director of the University to admit him to M.B.A. Course of three years, as per Direct Entry Scheme and he was allowed and he successfully completed three years’ Course of M.B.A. in October, 2001. The further case of the appellant-complainant was that he received mark-sheet of each examination held by the respondents-University from time to time and he also received final Grade Card. The further case of the appellant-complainant was that thereafter, he insisted for issuance of degree of three years’ M.B.A. Course, as according to him, he has passed all the examinations conducted by the respondent-University from time to time during three years and, therefore, he was entitled to degree of three years’ M.B.A. Course. The further case of the appellant-complainant was that since he was allowed by the respondents to pursue his study as student of MBA during all three years and since he has paid regular fees and since he has successfully completed 21 papers of the course of M.B.A., therefore, he was entitled to get degree of three years’ M.B.A. Course and non-granting of degree of three years’ M.B.A. Course to the appellant-complainant by the respondents-University amounted to deficiency in service on the part of the respondents-University. Hence, this complaint.
A reply was filed by the respondents-University and their case was that no doubt the appellant-complainant was admitted in three years’ M.B.A. Course by the respondents-University and he has successfully completed the said M.B.A. course of three years, but he was informed through communication dated 13.12.2001 that since he has not cleared the mandatory Entrance Test for admission to M.B.A. Course, therefore, for that, lacuna, he was not entitled to the degree of M.B.A. Course without first clearing Entrance Test. Hence, it was prayed that the complaint filed by the appellant-complainant be dismissed.
After hearing both the parties, the learned District Forum through impugned order dated 25.9.2003 partly allowed the complaint of the appellant-complainant in the manner that looking to the entire facts and circumstances of the case, the appellant-complainant was entitled to compensation and thus, he was awarded compensation to the tune of Rs. 10,000, but his prayer for award of degree of three years’ M.B.A. Course was rejected.
Aggrieved from the said order of the learned District Forum, Chittorgarh dated 25.9.2003 to the extent of not awarding degree of three years M.B.A. course to
