Monday, March 4, 2013
School penalised to pay Rs. 75,000/- to the students for not issuing admit card
State Commission penalised school to pay Rs. 75,000/- to the students for not issuing admit card and asked Directorate of Education for cancellation of recognition/affiliation of the school
Akash Agarwal and 12 other students of Bal Mandir Sr. Secondary School, Vikas Marg Delhi approached Principal for issue of Admit Cards/ Roll numbers and were told that the CBSE refused to issue the admit card/roll number. On hearing the same, Akash Agarwal became unconscious and also his mother also got confined to bed. The student was compelled to initiate legal proceedings in the Karkardooma Court and a suit was filed in the court. The counsel for CBSE made a statement before the Court that no admit card/roll No. Was withheld and they have been sent o the School 20 days before. On the order of the Court, the Vice Principal of the School delivered admit card/roll number.
On account of the sheer negligence of the school in not issuing the admit card/roll number has caused mental agony, sheer suffering and harassment to the student and on account of this effect, the student secured lesser marks than expected. There was sheer and gross deficiency in service on the part of the school and the complainant claimed Rs. 19.50 lakhs as compensation.
It was observed that the complainant was suffering from Dengue and his attendance during the academic year was 68.6% as against CBSE byelaws of a requirement of minimum 75%. Shortage upto 15% of the attendance can be condoned by CBSE under clause 14(ii) of the examination bylaws only in exceptional circumstances. The complainant has filed the various documents with regard to fulfilment of all the requirement of all the byelaws of the CBSE but it was incumbent on the part of the school to take steps for the issue of admit card/roll numbers to all the students.
The student sought information under RTI and it emerged that CBSE has asked the school with regard to the condonation of shortage of attendance and asked why no recommendations have been made for the condonation of shortage of attendance. The Commission observed that there was sheer negligence and deficiency on the part of the school in withholding the admit card/roll number. Not sending the medical certificates to the CBSE at the right time. It is not expected from a school to adopt such malpractices.
State Commission, Delhi in First Appeal 730/2011 (arising out of the order dtd. 11/11/2011 of District Forum in complaint case no 519/2010) set aside the decision of District Forum and ordered School to pay Rs. 75,000/- as compensation for mental agony, harassment and sheer suffering, inclusive of all the litigation charges. State Commission further asked Directorate of Education, Govt. of NCT of Delhi to initiate proceedings for cancellation of recognition/ affiliation of the school.