Patna High Court
Bihar School Exam.Board & Ors vs The Union Of India & Ors on 9 February, 2012
Equivalent citations: AIR 2012 PATNA 135, (2012) 120 ALLINDCAS 574 (PAT)
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1308 of 1998
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1. Bihar School Examination Board , Sinha Library Road, Patna through its
Secretary.
2. The Chairman, Bihar, School Examination Board, Sinha Library Road, Patna.
3. The Secretary, Bihar School Examination Baord, Sinha Library Road, Patna
.... .... Petitioner/s
Versus
1. The Union Of India through the Secretary, Law and Justice, Government of
India, New Delhi.
2. National Consumer Disputes Redressal Commission Janpath Bhawan, Cannaught
Place, New Delhi. 110001 through its President.
3. State Commission, Bihar constituted under the Consumer Protection Act, 1986
North Shrikrishnapuri, Patna 1, through its President.
4. The District Forum, District Vaishali at Hajipur through its President.
5. Anmol Kumar, son of Nawal Kishore Sharma, resident of Village Adalpur, P.S.
Hajipur, Town, P.O. Digha, District Vaishali.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Girjesh Kumar, Advocate.
For the Union of India : Mr. S.N. Pathak, Sr. SCCG
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL JUDGMENT
Date: 09-02-2012 Heard learned counsel for the petitioners and learned counsel for the Union of India.
In the present writ petition the basic point has been raised by the petitioners that Bihar School Examination Board does not come under the purview of the Consumer Protection Act, 1986 (hereinafter referred to as „the Act‟) as the nature of function as discharging the duty by the Board will not come within parameters of Sections 2(c), 2(d) and Section 2(g) of the Act. It appears from the record that the Bihar School 2 Patna High Court CWJC No.1308 of 1998 dt.09-02-2012 2/4 Examination Board was constituted under the Bihar School Examination Board Act, 1952 having perpetual succession and seal. The functions of the Board have been enumerated in Section 6 of the Act which are as follows:
"6. Functions of the Board-(1) The Board shall be responsible for making all arrangements for the conduct of examination held under this Act, and generally for formulating ways and means for the purpose of improving the machinery for the assessment of the attainments of the students studying in the (Secondary) Schools or Senior Secondary Schools.
Provided that if the State Government considers grant of autonomous status to any school conductive to enhancement of the standard of education imparted therein, it may, by notification in the Official Gazette, declare that school to be autonomous and may direct that such school shall, from such date as is specified in this behalf, conduct its final examination and be responsible for making all arrangements for the same.
2. In particular and without prejudice to the generality of the foregoing powers, the Board-
(a) Shall, in consultation with the committees of courses for different subjects constituted under Section 7, prepare lists of persons suitable for appointment as paper setters, moderators, examiners, tabulators, supervisors and invigilators for examinations and shall make such appointments;
(b) Shall consider, moderate, determine and publish the results of examinations and award diplomas, certificates, prizes and scholarships in respect thereof.
(c) Shall admit candidates to its examinations and may disqualify candidates for presenting themselves for such examinations for any reason which the Board considers to adequate.
(d) Shall demand and receive such fees as may
3 Patna High Court CWJC No.1308 of 1998 dt.09-02-2012 3/4 be prescribed in the Regulations;
(e) Shall fix centers for such examinations
(f) [***]
(g)Shall watch standards of crafts attainments in [Secondary Schools or senior Secondary Schools]
(h) Shall evolve improved method of assessment of the attainments of candidates and carry out experiments in such methods;
(i) Shall take such disciplinary action as it thinks fit against students studying in High schools for reasons of misconduct;
(j) Shall arrange regular inspection of [Secondary Schools or Senior Secondary schools] with a view to ascertain that the prescribed academic and vocational standards are being properly maintained, and-
(k) Shall conduct such other departmental examinations and perform such other duties as may be prescribed."
As has been claimed by the petitioners the nature of duty performed by them does not come under the purview of the aforesaid Act.
This writ petition has been filed only because the petitioners have received notices in a case filed in the consumer forum, Hajipur, Vaishali as one Anmol Kumar has filed the case before that forum. The petitioners have challenged the notices as well as also challenged the applicability of the Act. This issue is no longer res integra as the Hon‟ble Supreme Court has decided this issue in the case of Bihar School Examination Board Vs. Suresh Prasad Sinha, reported in (2009) 8 SCC 483 and in the case of Maharshi Dayanand University 4 Patna High Court CWJC No.1308 of 1998 dt.09-02-2012 4/4 Vs. Surjeet Kaur, reported in (2010) 11 SCC 159. In both the cases the Hon‟ble Supreme Court has held that nature of duty performed by the Board or the University does not come under the service rendered or deficiency in service. It has been also held that persons who are appearing in the examination will also not come within the definition of consumer as provided under section 2(d) of the Act. Accordingly it has been declared by the Hon‟ble Supreme Court that the Bihar School Examination Board is outside the purview of the Act and similar view has been reiterated in the case of Maharshi Dayanand University (supra).
In this view of the matter, this writ petition is allowed and it is held that the Bihar School Examination Board is outside the purview of the Act and notices issued to them vide Annexure-1 by the Consumer Forum, Hajipur, Vaishali in Complaint Case No.71 of 1997 is quashed. High Court Patna, (Shivaji Pandey, J) Dated 9thFebruary,2012 Vinay/- N.A.F.R.