“The process of holding 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 function
as partly statutory and partly administrative. When the Examination Board
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 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 imbided
sufficient knowledge to be fit to be declared as having successfully completed
the said course of education; and if so, determine his position or rank or
competence vis- -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 eligible and fit to be considered as
having successfully 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. 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 – scripts, or furnishing of
mark-sheets or certificates, there may be some negligence, omission or
deficiency, does not convert the Board into a service – provider for a
consideration, nor convert the examinee into a consumer who can make a
complaint under the Act. The Board is not a ‘service provider’ and a student
who takes an examination is not a ‘consumer’ and consequently, complaint under
the Act will not be maintainable against the Board”.