SANJEEV KUMAR GUPTA v. DR. R.R. AZAD & 10 ORS.

MA No. 52 of 2020 ( for restoration) Heard. Application is allowed and revision petition is restored to its original number. Revision Petition

1. The present revision petition has been filed by the petitioner against Meerut University and J.V.Jain College, Saharanpur alleging that he had been wrongly denied admission by J.V.Jain College, Saharanpur under a conspiracy despite the fact that he had secured sufficient marks.

2. The District Forum on his complaint no. 180 of 1994 vide order dated 12.08.1996 allowed the complaint. On challenge before the State Commission in appeal, the State Commission set aside the order of the District Forum. The petitioner, thereafter, challenged the order of the State Commission before this Commission and this Commission vide order dated 23.03.2007 remanded the matter to the District Forum for fresh decision. The District Forum vide order dated 26.08.2010 dismissed the complaint. The appeal no. 1869 of 2010 was filed by the petitioner which was also dismissed by the State Commission vide its order dated 23.01.2018 holding that the respondents since were not service providers, the complaint was not maintainable. This order is impugned before this Commission again vide this present revision petition.

3. The petitioner has argued on merits and has submitted that denial of admission by the J.V.Jain College, Saharanpur amounted to deficiency in service.

4. I have heard the petitioner at length and have perused the file and have given due consideration to his arguments.

5. The complaint had been filed by the petitioner against Meerut University and J.V.Jain College, Saharanpur and its office bearers. This clearly shows that complaint had been filed against educational institutions alleging that denial of admission to him by J.V.Jain College, Saharanpur was wrong act on their part and amounted to deficiency in service. This Commission had considered this issue in its order dated 20.01.2020 in the case titled Manu Solanki and 8 Ors. Vs. Vinayaka Mission University (formerly known as Vinayaka Missions Research In the said judgment, this Commission had discussedFoundation Deemed University ) & Ors. elaborately all the judgments of the Honble Supreme Court and reached to the conclusion that complaint cannot be filed against an educational institution rendering education. The Commission has held as under:

51. In view of the foregoing discussion, we are of the considered opinion that the Institutions rendering Education including Vocational courses and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, picnics, extra co-curricular activities, swimming, sport, etc. except Coaching Institutions, will, therefore, not be covered under the provisions of the Consumer Protection Act, 1986.