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129 1349 Date of Filing:27.08.2018 Date of Disposal: t3.02.2026 BEFORE THE KARNATAKA STATE ONSUMER DISPUT S REDRESSAL C MMISSION, BENGALURU (PRINCIPAL BENCH)

DATED THIS THE 13th D Y OF FEBRUA ^Y.2(J26 PRE ENT HON,BLE MT JUSTICE T G SHIVASHANKARE ^GOWDA:

PRESIDENT HON,BLE MTS DIVYASHREE M:LADY ^MEMBER scl29lccl349l2oLa Kum. Sinchana S.B. D/o. S. Basavaraju, Aged about 20 Years, Res/of 'Girija Nilaya', 1't Cross, Siddaganga Extension,

(By Mr S K Vekatareddy, Advocate) Complainant

-Versus-

1. Maruthi Vidya Kendra, (A School Affiliated to CBSE)

Belagumba Village,

Ooridigere Road,

Tumaku ru-5721.04

Represented by its PrinciPal'

2. Maruthi Education Trust ^(Reg.)

Maruthi Vidya Kendra, Belagumba Village, Ooridigere, B,H. Road, Tumakuru-572702 Tumakuru-572704 Represented by its Managing Trustee'

(By Mr M N Madhusudhan, Advocate for OPs 1 and 2)

scl29lccl34el2018

3. The Central Board of Secondary Education (CBSE)

'Shiksha Kendra' #2, Community Centre, Preethi Vihar, Delhi-1 10092

4. The Regional Officer, The Central Board of Secondary Education (CBSE), Regional Office, New No,3 (Old No.1630-4), 3'd Block, 16th Main Road, Anna Nagar (West), Chennai-600040 Opposite Parties :ORAL ORDER:

PER: T MT JUSTICE G SHIVASHANKARE GOWDA:

PRESIDENT This Complaint is filed U/S 1,7 of CP Act, 1986 seeking direction to Opposite Parties No,1 and 2 (hereinafter referred to as OPs 1 and 2) to pay compensation of Rs.25,00,000/- for deficiency in service & failure to discharge their duties and to ^pay Rs.10,00,000/- towards damages for mental agony and litigation expenses.

2.

The brief facts of the case are that, the Complainant studied up to Class X in OP1 School. The Parents of the &

Complainant paid ^prescribed school fees ^purchased scl29lccl349l2o18 books, uniforms, and other articles from OP No.1. OP No.1 is managed by OP No.2. OP1 is affiliated with OP3 & 4, who regulate rules and bye-laws relating to the conduct of academic sessions, examinations, award of grade points and uploading of grades to the CBWE etc., 2(a). During the Academic year 2014-L5, the Complainant has completed Class-X and performed well.

As per the by syllabus prescribed OP3, student performance Assessment is based on Scholastic & Co- scholastic achievements and the grades are awarded under the Continuous and Comprehensive Evaluation (in short, CCE). Scholastic achievements are assessed based on Academic performance, whereas Co-scholastic achievements are evaluated based on various non- academic skills such as thinking skills, social skills, emotional skills, organisational and leadership skills, work education, visual & performing arts, attitude towards society, literary & creative skills and health & physical activities.

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2(b). The Complainant is a sportsperson who has won medals in State Level and National Level Skating Competition. She secured 3 Gold Medals in the Dussera Skating Competition. She participated in National Skating Competitions and was a winner in CBSE South Zone Roller Skating (500 m Quads). She also secured third place in the 300-metre Speed Quad event Organized by DRS International School, Hyderabad.

2(c).

For the Academic year 2011-12, OP3 issued a Circular dated t9.01.2012 to all affiliated Institutions introduced a policy for up-scaling of grades in Scholastic Areas based on grades obtained in Co-Scholastic Areas/Activities, along with a revised format performance profile format for Class-IX (20t1-1.2).

2(d).

OP1 was under an obligation to follow the rules, guidelines, norms & circulars issued by OP No.3. The Complainant was awarded a B-2 Grade in Class-X by the CBSE and was given the benefit of up-gradation to the next higher grade in one Subject based on her Co- Scholastic under CCE. Complainant being a spofts ^person scl2e lccl349l2or8 entitled to up-gradation to the next higher-grade in two subjects if she secured grade points in the range of 53-65 in Co-Scholastic Areas/Activities.

2(e). OPl has grossly erred and failed to follow the guidelines issued by OPs