Allahabad High Court
Chhatrapati Sahu Ji Maharaj ... vs Narendra Kumar Pal Advocate And ... on 22 March, 2023
Bench: Salil Kumar Rai, Arun Kumar Deshwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- WRIT - C No. - 64454 of 2013
Petitioner :- Chhatrapati Sahu Ji Maharaj University Kanpur
Respondent :- Narendra Kumar Pal Advocate And Another
Counsel for Petitioner :- Neeraj Tiwari
With
Case :- WRIT - C No. - 64456 of 2013
Petitioner :- Chhatrapati Sahu Ji Maharaj University Kanpur
Respondent :- Km. Shipra Pandiya And 3 Others
Counsel for Petitioner :- Neeraj Tiwari
Counsel for Respondent :- A.K. Singh
With
Case :- WRIT - C No. - 64457 of 2013
Petitioner :- Chhatrapati Sahu Ji Maharaj University Kanpur
Respondent :- Km. Rukaiya Ansari And Another
Counsel for Petitioner :- Neeraj Tiwari
Counsel for Respondent :- Chetan Chaterjee
With
Case :- WRIT - C No. - 64458 of 2013
Petitioner :- Chhatrapati Sahu Ji Maharaj University Kanpur
Respondent :- Sri Alok Kumar And Another
Counsel for Petitioner :- Neeraj Tiwari
With
Case :- WRIT - C No. - 64460 of 2013
Petitioner :- Chhatrapati Sahu Ji Maharaj University Kanpur
Respondent :- Km. Shalini Singh And 3 Others
Counsel for Petitioner :- Neeraj Tiwari
Hon'ble Salil Kumar Rai,J.
Hon'ble Arun Kumar Singh Deshwal,J.
The present connected petitions have been filed challenging the notices issued by the District Consumer Redressal Forums in certain cases instituted by the students of the Chhatrapati Shahu Ji Mahraj University for refund of fees stating deficiencies in alleged services given by the University. The notices have been challenged by the University on the ground that students are not consumers and the University does not provide services as defined in the Consumer Protection Act, 1986 and, therefore, the proceedings before the District Consumer Forums are without jurisdiction.
In support of his contention, learned counsel for the petitioner has relied on the judgments of the Supreme Court in Bihar School Examination Board Vs. Suresh Prasad Sinha, (2009) 8 SCC 483 and Maharshi Dayanand University Vs. Surjeet Kaur (2010) 11 SCC 159.
A perusal of the order sheet of the case shows that no notices have yet been issued by this Court to the students. The cases were instituted in 2012 and 2013.
In view of the aforesaid, it would serve no purpose to keep the writ petitions pending and get the respondents served. The issue regarding jurisdiction of the Tribunal has not yet been decided against the petitioner by the District Consumer Forums. The petition has been instituted only against notices issued by the District Consumer Forums.
In view of the aforesaid facts, we dispose of these writ petitions permitting the petitioner to file its objections before the District Consumer Forums regarding jurisdiction of the Forum to hear the cases and on the said objections, the District Consumer Forums shall frame a preliminary issue regarding jurisdiction and shall decide the same by a reasoned order after giving reasonable opportunity of hearing to the concerned applicants within a period of three months from the date the objections are filed.
Before deciding the preliminary issue, the District Consumer Forums shall issue notice by registered post to the concerned students on the objections filed by the University.
It is clarified that no officer of the University shall be asked to appear in person before the District Consumer Forums and any such order passed in the present cases stands automatically quashed. The University shall file objections through its counsel.
With the aforesaid directions, the petitions are disposed of.
Order Date :- 22.3.2023
Vipasha
