The National Consumer Disputes Redressal
Commission had held that an education board is not a service provider and a
student writing an exam is not a consumer.
The National Consumer Disputes Redressal
Commission in University of Delhi Vs
Mohd. A.M Abel Karim22 held:
“The process of holding examinations, evaluating
answer scripts, declaring results and issuing certificates are different stages
of a single statutory non-commercial function. It is not possible to divide
this function as partly statutory and partly administrative. When the Examination
Board conducts an examination in discharge of its statutory function, it does
not offer its “services” to any candidate. Nor does a student who participates
in the examination conducted by the Board, hires or avails of any service from
the Board for a consideration. On the other hand, a candidate who participates
in the examination conducted by the Board, is a person who has undergone a
course of study and who requests the Board to test him as to whether he has
imbided sufficient knowledge to be fit to be declared as having successfully
completed the said course of education; and if so, determine his position or rank
or competence vis- -vis other examinees. The process is not therefore availment
of a service by a student, but participation in a general examination conducted
by the Board to ascertain whether he is eligible and fit to be considered as
having successfully completed the secondary education course. The examination
fee paid by the student is not the consideration for availment of any service,
but the charge paid for the privilege of participation in the examination. The
Act does not intend to cover discharge of a statutory function of examining
whether a candidate is fit to be declared as having successfully completed a
course by passing the examination. The fact that in the course of conduct of
the examination, or evaluation of answer – scripts, or furnishing of mark-sheets
or certificates, there may be some negligence, omission or deficiency, does not
convert the Board into a service – provider for a consideration, nor convert
the examinee into a consumer who can make a complaint under the Act. The Board
is not a ‘service provider’ and a student who takes an examination is not a ‘consumer’
and consequently, complaint under the Act will not be maintainable against the
Board”.
Prepared by:
S. Hemanth
Advocate at Hemanth
& Associates
