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.
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