1. THE claimant has filed this application claiming compensation of Rs. 3,90,200.00 on different heads given in paragraph 17 of the application on the following grounds: - He got his two children admitted in St. Paul''s English Medium High School in 1985-86 and 1988-89 respectively. It is alleged that he has been given the assurance that it was a school recognised by the Government of Orissa. His children read in the School till the year 1991-92 in Class-V & Class-II respectively. In 1992-93 he wanted to get his children admitted in Navodaya Vidyalaya, Belpara whereafter he came to know that the School was not a recognised one. THE petitioner applied for transfer certificate from the School which he was not granted on the ground that he has to pay Rs. 100/- for the purpose. He was described in the application as to how he has troubled to get his children admitted in another school and he has claimed damages for that purpose.
2. IN the show cause submitted by the opp. parties all the allegations were denied. It was specifically stated that no such representation was made to the petitioner by the authorities of School that the School was recognised. So far as issue of transfer certificate is concerned, the stand of the opp. parties is that his obtaining a transfer certificate the prescribed fee for a certificate being Rs. 50/-, he should deposit Rs. 100/- for the purpose alongwith the application which was not done for which reason the certificates could not be granted.
During the hearing that took place on 4.8.94 a photograph was produced by the petitioner showing a Board that has been put in the School and on the board it has been written as follows: - "ST. PAUL''S ENGLISH MEDIUM HIGH SCHOOL (UNDER I.C.S.E. BOARD : NEW DELHI)" According to the petitioners, the Board is understood by him to mean that the School has been recognised by the I.C.S.E. Board which on enquiry has been found to be not so. Since many disputed questions of fact arise for consideration, the claimant wanted to examine some witnesses in support of the case on the complainant. The case was adjourned to today for examining the witnesses. But the petitioner is absent on call, and a memo has been filed by the claimant''s advocate saying that the petitioner is out of town and it is not possible to lead oral evidence. It was further stated that arguments can be taken to be closed and the case may be decided on the basis of the materials already on record. In view of that opp. parties also did not like to adduce evidence. We therefore, proceed with the case on the materials already on record.
Since the claimant made out a case of false representation as to the recognition of the School, no evidence was adduced as to who represented to that extent and when we are unable to accept the said plea. The photograph in which it has been shown that "ST. PAUL''S ENGLISH MEDIUM HIGH SCHOOL, (UNDER I.C.S.E. BOARD, NEW DELHI)" have been written on a Board that has been put up in the School, according to the petitioner, is sufficient to conclude that representation as alleged in the application was made on the basis of which the petitioner got his children admitted to the School. Mr. Behura, learned Counsel appearing for the opp. parties, has urged that nothing has been spelt out in the application about the photograph nor about affiliation or recognition of the School by the I.C.S.E. Board. According to him, in all probabilities this Board was not there when the petitioner''s children got admitted to the School. He, however, assures that the Board was not there at the instance of the authorities of the School and even if it is there the same shall be removed forthwith. In the circumstances it is difficult to conclude that the petitioner was misled by the aforesaid Board the acceptance of which at the time admission of his children is doubtful. We however, make a mention that the Board on which it has been written "(Under I.C.S.E. Board)" is likely to mislead a person that it is being controlled or regulated by the I.CS.E. Board. This Board should be removed from the School if it has not been removed so far. The School authorities should see that no such misrepresentation is made by which the students or their parents intending to get for admission into the School are likely to be misled. So far as the grievance relating to issuance of transfer certificate is concerned, we do not find any illegality for requiring the students to pay certain amount of fees for issuance of certificate. In the circumstances of the case, we do not find any deficiency in services on the part of the opp. parties. This case is devoid of merit and is accordingly dismissed. Case dismissed.
