ORDER SUO MOTU REVISON NO. 55 OF 2001. This revision is directed against the order dated 29.11.2000 passed by the District Forum, Phulbani in C.D. Case No. 63 of 1999 holding that the opposite party was a 'consumer' and there was deficiency of service on the part of the petitioner. 2. The fact giving rise to filing of the present revision is short is that the opposite party as complainant filed the aforesaid case on the ground that he appeared Madhyama Final Examination under Jagannath Sanskrit University, Srivihar, Puri in A.J.O. High School Centre, Phulbani in the year 1998 on payment of examination fees, but even after the publication of his result no Certificate was issued in his favour by the University. He again deposited Rs.35/- towards fees and personally went to the University, but the same did not cut any ice. So, ultimately the opposite party filed the aforesaid case before the District Forum. 3. The petitioner on being noticed appeared before the District Forum and filed written version denying deficiency of service on their part and that the present case was not maintainable as the opposite party was not a 'consumer' qua the University. It is relevant to note here that while the case was pending before the District Forum, the opposite party/complainant received the certificate on 27.11.2000. The District Forum held that the opposite party/complainant was a 'consumer' qua the University and there was deficiency of service on their part Challenging this order, the petitioner, who was the opposite party before the District Forum has preferred the present revision as stated earlier. 4. Learned counsel for the petitioner submits that a statutory Board or University does not provide any service in the sense the term is used in the Consumer Protection Act and examinees are not consumers. The examination fees paid by the examinees are not consideration for providing any service and non-declaration of result of the examination dose not fall within the purview of Consumer Protection Act. In support of is submission, he cited the decision in the case of Bihar School Examination Board Vs. Suresh Prasad Sinha, (2009) 8 SCC 483 where the Hon'ble Apex Court held as follows:- “The object of the Act is to cover in its net, services offered or rendered for a consideration. In support of is submission, he cited the decision in the case of Bihar School Examination Board Vs. Suresh Prasad Sinha, (2009) 8 SCC 483 where the Hon'ble Apex Court held as follows:- “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 profession activity or quasi-commercial activity). But 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. We are clearly of the view that 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". None appears on behalf of opposite party on call. So he is set ex parte. 5. In view of the verdict of the Hon'ble Apex Court, opposite party is not a 'consumer' vis-a-vis the petitioner-University. So the District Forum ought not to have entertained the C.D. Case. Of course no compensation has been awarded in favour of the opposite party to be paid by the petitioner. But the finding that the opposite party is a 'consumer' qua the petitioner and that there was deficiency of service on their part deserves to be quashed. Accordingly, the same is quashed. No cost. Application allowed.