R.K. Patra, President - The Bhadrak District Forum by order dated 19.09.1997 made in C.D. Case No. 89 of 1997 directed the Principal, B.N.M.A. College, Palia bindha, to pay to the complainant Tapan Kumar Pati a sum of Rs. l 0,000/- as compensation. By the same order, the Controller of Examinations, Utkal University has been directed to pay to the aforesaid complainant a sum of Rs. 3,000/- as compensation. Being aggrieved by the said order, the Principal, B.N.M.A. College, Palia bindha has filed C.D. Appeal No. 80~ of 1997. Similarly, the Controller of Examinations, Utkal University has filed C.D. Appeal No. 818 of 1997 challenging his liability to pay compensation. Both the appeals being thus analogous were heard together and are disposed of by this common order.

2. Tapan Kumar Pati, who is respondent in both the appeals filed the complaint alleging deficiency in service on the part of the Principal, B.N.M.A. College and the Controller of Examinations, Utkal University. Briefly stated his case was that, he was prosecuting + 3 Arts study in B.N.M.A. College, Palia bindha. During, 1995-96, he appeared in the Predegree examination having the combination of subjects English, M.LL.(Oriya) Education and Philosophy. The marks obtained by him in the said examination were not to his expectation. Therefore, to better the results, he decided to repeat Pre-degree(back examination) in all the papers. On 26.11.1996, he deposited the required fees with the College authorities. To his bad luck, on the date of examination of Philosophy, he was served with an admit card wherein, it was mentioned "Political Science" as the subject matter of examination instead of Philosophy. Soon after the receipt of admit card, he brought the discrepancy to the notice of the Principal of the College. But the discrepancy was not removed and he was deprived of taking his examination in Philosophy. As a result, ho lost one year of his educational career. On the aforesaid allegation, lie filed the complaint claiming compensation against the Principal, B.N.M.A. College as well as the Controller of Examinations, Utkal University.

3. The Principal, B.N.M.A. College despite receipt of notice, did not appear before the District Forum nor did he file any written version. The Controller of Examinations, Utkal University, however filed his written version contending inter alia that, the University was not at fault in issuing the admit card mentioning Political Science as the subject matter of examination because it was prepared on the basis of the form Submitted. by the College authorities wherein, it was mentioned the subject of his examination as Core1-English, Core 2 - Education and Core 3 - Political Science.

4. On the basis of the materials available on record, the District Forum field that, the Principal of B.N.M,A. College and the Controller of Examinations are jointly and severally liable for the deficiency in service. It accordingly directed the Principal, B.N.M.A. College and the Controller of Examinations to pay respectively a sum of Rs. 10,000/- and Rs. 3,000/- as compensation to the respondent.

5. There is no dispute that, the respondent filled up the forms for Predegree(back examination) 1996-97 by paying Rs. 220/- as examination fees along with other incidental charges. On the date of the examination, he noticed from the admit card that, in place of Philosophy, the subject of examination was mentioned as Political Science. Although he immediately brought this discrepancy to the notice of the College authorities, but no attention was paid. As a result, he could not sit in the examination for the subject Philosophy thereby he lost one year of his career.

6. From the version of the Controller of Exanimations it appears that, forms duly filled in were sent by the College authorities to the University in alphabetical list of subjects. So far as the respondent was concerned, it was mentioned as follows;

Subject as - Core 1 – English

Core 2 - Education

and Core 3 - Po