S.S. Sandhawalia, President. - The Board of School Education, Haryana appeals against the order of the District Forum, Faridabad allowing the complaint preferred by the respondent-student.

2. Admittedly Mukesh Chand, complainant had appeared in the English and Science examination for Class 10th conducted by the Board as a private candidate and duly deposited a fee of Rs. 110/-, therefor. However, at the time of declaration, his result was with-held against his roll No. 37251. Inevitably, he repeatedly approached the Board authorities to find out the reason for declaring his result later. After considerable persistence, he learnt that he was required to pay another sum of Rs.200/- towards the balance payment of the fee and it was only after the same was paid his result would be declared. Aggrieved by the withholding of the result for almost a year, the respondent preferred the complaint on the 18th of August, 1992.

3. On notice being issued, the appellant Board broadly admitted the factual position and took up the plea that unless the respondent paid the balance of Rs. 200/- the result would be withheld and as soon as he did so, it would be declared. Inevitably, the respondent during the pendency of the complaint, which seems to have dragged on for nearly 10 months, deposited the said sum on the 7th of April, 1993. Even thereafter the appellant did not declare the result as promised and the respondent sent a number of communications registered letters, highlighting the fact that he had fulfilled the demand of payment of fee and yet the result was not being declared.

4. Curiously when the matter came up before the District Forum, even after the admitted deposit of Rs. 200/- by the respondent, the learned counsel for the appellant pleaded ignorance about the payment of the balance fee. It was only after, he was firmly confronted with receipt duly issued by the Board for a sum of Rs. 200/-, that the payment was conceded on behalf of the appellant. Even thereafter the result was not declared and the District Forum expressly noticed the erratic functioning of the Board and the callous altitude towards its student directed by the order under appeal that the result be declared within seven days and a compensation of Rs. 2000/- be paid, therefor. It was thereafter alone that the result was declared on the 14th of June, 1993.

5. Mr. Balram Gupta, the learned counsel for the appellant-Board his with great ability and persistence projected an inherently untenable case. It was argued somewhat vehemently that the respondent alone was remiss in not paying what was alleged to be the late fee for submitting his application for the examination. It was contended somewhat hyper-technically that the students are irrebuttably presumed to know the quantum of fee that should be deposited and in case of any short-age the result may well be with-held. The present case for well-nigh two years.

6. Despite the ingenuity of the learned counsel and the fransic ability with which the matter was presented, we are unable to find the least merit in the aforesaid submission. It is evident on the present record that the Board accepted the original deposited fee of Rs. 110/- without demur or objection. Not only that they issued the roll No. 37251 to the respondent and allowed him to sit in the examination without the least objection what-soever. Even though a passage of three months elapsed between the acceptance of the appellant's application on the 20th of June, 1991 till the declaration or the result on the 30th of October, 1991. The appellant-Board did not at any time even remotely indicate or require the respondent to deposit the alleged balance late fee, if any was due. On behalf of the respondent appearing in person, it was highlighted that for well-nigh eight months, he battered at the door of the Board with a number of communications and personal protestations to seek declaration of the result without redress, compelled to file the complaint on the 18th