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REGISTRAR, DR. BHIM RAO AMBEDKAR UNIVERSITY THRU' ITS V.C. versus RANJEET SINGH ARYA AND OTHERS

High Court of Judicature at Allahabad

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Registrar, Dr. Bhim Rao Ambedkar University Thru' Its V.C. v. Ranjeet Singh Arya And Others - WRIT - C No. 32612 of 2007 [2007] RD-AH 12507 (20 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta,  J.

This petition has been filed by the University for quashing the proceedings of the case pending before the District Consumer Redressal Forum (hereinafter referred to as the 'Forum').

Learned counsel for the petitioner-University submitted that the Forum does not have any jurisdiction in the matter and in support of his contention, he has placed reliance upon a Division Bench judgment of this Court in Writ Petition No. 35317 of 1994 (The Registrar, Sampurnanand Sanskrit University, Varanasi Vs. The District Consumer Redressal Forum, Jaunpur and others) decided on 6.1.2006. The Court has held as follows:-

"Acceptance of examination form and holding of examination is neither selling of goods nor rendering a service of the kind contemplated under Section 2(1) (o) of the Consumer Protection Act. The examination forms were not accepted by the petitioner as arrears of fee for the year 1993 were not cleared and forms were not approved by the authorized person. In view of these facts, education does not come within the scope and jurisdiction of Consumer Protection Act, 1986 and the District Consumer Redressal Forum, Jaunpur had no jurisdiction to entertain the complaint against the petitioner."

In our opinion, the petitioners can raise this preliminary objection regarding the jurisdiction before the Forum itself.  

We, therefore, dispose of this petition with a direction that the petitioners may raise the preliminary objection regarding the jurisdiction of the Forum and place the aforesaid decision of this Court. In the event this objection is raised, the Forum shall decide it and till such time this preliminary objection is not decided, the Forum shall not hear the matter on merits.

Dt/- 20.7.2007

Sharma/32612


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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