BIHAR SCHOOL EXAMINATION BOARD versus SURESH PRASAD SINHA

Citation: [2009] 13 S.C.R. 1239 · Decided: 04-09-2009 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2009] 13 (ADDL.) S.C.R. 1239 
l. 
BIHAR SCHOOL EXAMINATION BOARD 
A 
v. 
SURESH PRASAD SINHA 
(Civil Appeal No. 3911 of 2003) 
SEPTEMBER 4, 2009 
8 
[R.V. RAVEENDRAN AND MARKANDEY KATJU, JJ.) 
~ 
Consumer Protection Act, 1986: s.2(d) - Consumer -
Definition of - Discussed - Examination Board - Held: Is not 
a service provider - While conducting examination, Board c 
discharging statutory function and not offering any services 
to candidates -
Since candidate participating in the 
examination conducted by Board is not a consumer, 
complaint against the Board under the Act would not be 
..,,. 
maintainable. 
D 
Precedent: Mechanical application of observations made 
in judgment - Reliance on the decision without looking into 
the factual background of the case is impermissible. 
Complainant is the father of a student who appeared 
E 
in the Bihar Secondary School Examination. The result 
of his son was not published and he reappeared in the 
>--
Examination in the following year. He filed a complaint 
before the District Forum praying for compensation for 
. loss of one year due to fault of Board. The District Forum F 
allowed the complaint and ordered the Board to pay 
compensation of Rs. 12,000. The State Commission 
upheld the order of District Forum. National Commission 
affirmed the same. Hence the 'present appeal. 
Allowing the appeal, the Court 
G 
HELD: 1. According to the definition of 'consumer' 
in Section 2(d) of the Consumer Protection Act, a person 
1239 
H 
1240 SUPREME COURT REPORTS (2009] 13 (ADDL.) S.C.R.. 
A who hires or avails of any services for a consideration, 
) 
~ 
is a consumer. The following category of service-availors 
'• 
will not be consumers: (i) persons who avail any service 
for any commercial purpose; (ii) persons who avail any 
free service; and (iii) persons who avail any service under 
B any contract of service. A consumer is entitled to file a 
.. 
complaint under the Act if there is any deficiency in 
r 
service provided or rendered by the service-provider. 
f-
[Para 9) [1246-A-C] 
c 
2. The Board is a statutory authority established 
under the Bihar School Examination Board Act, 1952. The 
function of the Board is to conduct school examinations. 
This statutory function involves holding of periodical 
examinations, evaluating the answer scripts, declaring the 
-i 
results and issuing certificates. The process, of holding 
D 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 f~ction as partly statutory and 
partly administrative. When the Examination Board 
E 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 
F 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 imbibed sufficient knowledge to be fit to 
be declared as having successfully completed the ,said 
,. 
~ 
G course of education; and if so, determine his position or 
rank or competence vis-a-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 
H 
BIHAR SCHOOL EXAMINATION BOARD v. SURESH 1241 
PRASAD SINHA 
> eligible and fit to be considered as having successfully A 
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. 
[Para 10] [1246-C-H; 1247-A-B] 
B 
+ 
3. The object of the Act is to cover in its net, services 
offered or rendered for a consideration. Any service 
rendered for a consideration is presumed to be a 
commercial activity in its broadest sense (including 
professional activity or quasi-commercial activity). But C 
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-
D 
scripts, or furni
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