- (1.)WHETHER a young student who is to get admission in Bachelor of Arts (B.A.), Bachelor of Science (B.Sc.) or similar courses after the 10+2 examination, whom we consider to be of normal average intelligence, can be lured, misguided or misinformed by the type of advertisement issued by the appellant -College in this case? This is the precise question which has arisen in the present case.
(2.)THE appellant -College advertised that the following courses were available in the College:
"ART: + 1, + 2, B.A. Part I, II, III, B.A. (Journalism), B.A. (Honours School) in English Part -I. T.D.C. Part -I Journalism (+3 system)" A pass in Part II of +2, intermediate examination of B.A./B.Sc./B.Com. Part I of the G.N.D.U. (Old system) or any other examination recognized by the G.N.D.U. as equivalent thereto. A student will take up the following subjects:

General English General Punjabi Journalism and Mass Communication Computer Applications Political Science/Economics/History/Hindi/Punjabi/Sanskrit/English Elect./Punjabi Elect. as one of the elective subjects."

(3.)DOES the aforesaid information give an impression that the appellant -College was preparing the students for B.A. (Journalism)? It will be seen from the above that B.A. Part I, II and III is separately mentioned and B.A. (Journalism) is separately mentioned. The complainant in the present case sought admission purportedly in BA. (Journalism) and when he joined the course, he came to know that the College was not imparting education leading to the degree of B.A. (Journalism), but it was imparting education only for Bachelor of Arts, where one could offer journalism as one of the subjects apart from the other subjects. Having been lured as if the respondent (complainant) was getting admission in B.A. (Journalism) and later on, on finding that there was no such course being offered by the appellant -College, he filed the complaint before the District Forum, Jalandhar and prayed for refund of fee and other expenses that his father had incurred. The complainant had to leave the College and joined some other College at Bangalore. The complaint was accepted by the District Forum by observing that the College by such information in the newspapers and otherwise was likely to misguide the student community and the complainant had been misguided. Rs. 18,000/ - towards fee, Rs. 12,000/ - as transportation charges and litigation expenses, etc. had been awarded against the present appellant by the District Forum vide the impugned order dated 7.1.2005. Hence the present appeal.
This case is akin to a case what is well known as passing -off action . Passing -off action is that a particular individual or a Company tries to pass off the goods to a customer as if the same have been produced or manufactured by a well -reputed company or a firm, which might have become famous with their products. The basic test in such cases is whether an average intelligent customer is likely to form an impression or feel that what he is buying are the goods which have been purportedly manufactured by the well -reputed company or firm which has become famous in manufacturing some other items.