Education is not a commodity; fee to be refunded if student quits: Court to school

News Network
November 9, 2017

Bengaluru, Nov 9: “Education is not a commodity but a pious service rendered to humanity," a city consumer court told a Bengaluru school, asking it to pay Rs 51,000 to a parent who had pulled his daughter out of the school's kindergarten after paying an admission fee of Rs 55,000.

It all began after Brookefield resident Thejas John Philipose decided to withdraw a kindergarten admission he had secured for his daughter at Euro School Foundation, Whitefield, by paying an admission fee of Rs 55,000 on Nov 7, 2015.

Stating that he was transferred on work to Kerala and was relocating, Philipose cancelled the admission for academic year 2016 in March itself and demanded a refund of the fee paid. The authorities, however, refused to refund the so-called `non-refundable' admission fee.

A helpless Philipose approached the Bengaluru Rural and Urban 1st Additional District Consumer Disputes Redressal Forum on April 29, 2016 with a complaint against the school authorities.

The court heard arguments from the parent and the education institution represented by its principal. While Philipose demanded a refund, alleging un fair trade practices by the school, the Euro School representative averred that Philipose had signed a declaration, stating that 'fees once paid will not be refunded' before seeking admission for his daughter and that the clause was clearly mentioned in the school admission brochure. The litigation lasted nearly 18 months, at the end of which the court came down heavily on Euro School Foundation.

It asserted that a school brochure and its conditions can't be treated as an agreement or a contract for the admission of a child. "Education is not something one should sell in the open market, whereas providing it is a pious service rendered to humanity," the court said.

It added that a child's school admission is not a business transaction and thus a signature on a declaration of `non-refundable fee' doesn't hold value, especially in a situation where a parent has sought refund well in advance before the commencement of the academic year. In Philipose's case, the refund was requested in March 2016 while KG classes were scheduled to commence only in June.

The court ordered Euro School Foundation to refund Rs 50,000 from the admission fee paid after deducting a sum of Rs 5,000 towards school administration charges. The school was further asked to pay the parent Rs 1,000 towards litigation charges.

Comments

Rahul
 - 
Thursday, 9 Nov 2017

Medical students courses are much expensive so they have to take back from others.

AK Shetty
 - 
Thursday, 9 Nov 2017

True. But other students (Medical) should consider they are doing service. They are taking much more money from patients

Suresh Kumar
 - 
Thursday, 9 Nov 2017

Wise words - “Education is not a commodity but a pious service rendered to humanity,"

Hari
 - 
Thursday, 9 Nov 2017

Many colleges in Karnataka still not refunding to students

Kumar
 - 
Thursday, 9 Nov 2017

True.We welcome this decision

Ganesh
 - 
Thursday, 9 Nov 2017

Most wanted judgement

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News Network
July 26,2020

Bengaluru, Jul 26: A year-long probe by Coffee Day Enterprises Ltd (CDEL) has found that its late founder V G Siddhartha routed Rs 2,693 crore out of the company to Mysore Amalgamated Coffee Estates Ltd (MACEL), another privately-owned entity of him.

The MACEL owes Rs 3,535 crore to subsidiaries of Coffee Day Enterprises as of July 31, 2019 of which only Rs 842 crore was accounted.

"Therefore, a sum of Rs 2,693 crore is the incremental outstanding that needs to be addressed," said the report of an investigation headed by Ashok Kumar Malhotra, a retired DIG of Central Bureau of Investigation (CBI) and assisted by law firm Agastya Agastya Legal.

Siddhartha was found dead in early August 2019, and many suspected that he had committed suicide.

Steps are being taken by subsidiaries of CDEL for recovery of dues from MACEL, the company said.

"The board authorised the Chairman to appoint an ex-judge of the Supreme Court or the High Court, or any other person of eminence, to suggest and oversee actions for recovery of the dues from MACEL and to help on any other associated matters," it said in regulatory filings at stock exchanges late on Friday.

The probe further gives clean chits to the Income Tax Department and the private equity firms who Siddhartha in his parting letter had alleged of harassment.

"We have not been provided with any documentary evidence to draw an inference that there may have been any advertent or inadvertent harassment from the Income Tax Department," said the probe report.

The probe also highlighted severe liquidity crunch at CDEL in the build-up to Siddhartha's death.

A committee supported by senior professionals was formed to protect the interest of all stakeholders. CDEL said the debt levels which were about Rs 7,200 crore on March 31, 2019 have been brought down significantly by Rs 4,000 crore. The present debt of the group is around Rs 3,200 crore.

"The disinvestment process in the group continues and we are confident to have effective solution to all stakeholders," it said.

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News Network
March 25,2020

Udupi, Mar 25: A 34-year-old man who returned from Dubai tested positive for novel coronavirus in Udupi district. This is the first case in the district. 

He returned from Dubai on March 18 and got admitted to a government hospital in Udupi on March 23 for fever. The swab samples were sent to Shivamogga laboratory for testing.

The report which arrived on Wednesday confirmed that he was positive for COVID-19, said DHO Dr Sudhir Chandra Sooda.

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News Network
April 12,2020

Raipur, Apr 12: As many as 108 out of the 159 people that were quarantined by the Chhattisgarh government last week for allegedly taking part in Delhi’s Tablighi Jamaat congregation are Hindus, according to reliable sources. 

The names of these 159 people, who were said to be in Delhi’s Nizamuddin area when the Tablighi Jamaat congregation was held mid-March, were mentioned in a list issued by the state home department last month. 

The list has been accessed by the many media outlets. But, Raipur Collector S. Bharti Dasan and the state’s Principal Secretary, Home, Subrata Sahu, claimed no such list was issued.

However, a senior state home department official, who didn’t want to be named, said: “Listing of the names was done on the basis of location of mobile phones traced in Nizamuddin in the month of March during the period when congregation of Tablighi Jamaat was held.

“It was subsequently sent to the chief medical officers in the respective districts for further action,” the official added.

These 159 people have either been quarantined at their homes or at government isolation centres. The quarantine exercise took place between 31 March and 1 April.

Interestingly, almost all the people named in the list have denied attending the massive Jamaat congregation, which had seen the participation of over 3,000 people, including foreigners.

Under quarantine “forcefully”, these people alleged they are facing social boycott as they have been “linked to the Tablighi”.

Those placed under quarantine, told media if their phone locations have shown their presence in the Nizamuddin area that didn’t necessarily mean they had attended the Tablighi congregation.

“My neighbours are no longer like my family. After 31 March, I have received more than 500 calls (from relatives and friends) and had to convince them that I didn’t attend the Jamaat event,” Umesh Pandey, a resident of Ambikapur, said.

“People in my area have started saying that some Brahmins took part in the event. I have no objection to being kept in quarantine, but it should be explained why it is being done,” said Pandey, who is a consumer rights activist.

Pandey said, like every year, he had gone to Delhi in March to participate in a consumer protection programme and had stayed at a hotel in Nizamuddin. “I came back on 17 March. After I was quarantined, a false propaganda is being spread about me that I am linked with Tablighi Jamaat activities.”

Pandey said he and his family are now being “looked at as suspects”. 

Kamal Kumar Popatani, a businessman from Bilaspur district, has faced similar problems. Popatani and his family have been living in isolation since 31 March.

“I am completely flabbergasted by this step taken by the state government. I always visit Delhi to procure items for my shop. This time too I had completed my procurement and had returned home on 16 March. Everything was usual till 30 March, but suddenly after 31 March, when this so-called list of 159 alleged suspects was released by the government, we were placed under isolation,” Popatani said.

“My own family members, neighbours and everyone I know are now accusing me that I had joined the Tabligi Jamaat gathering. How can it ever happen? This strange attitude of the government has made my entire family a victim of social boycott.”

Trader Abdul Rahman, a resident of Lutra Sharif area of Bilaspur district, also echoed similar sentiments.

“I returned from Delhi along with my wife on 15 March, but my entire family has been kept in isolation since 31 March. All this is way beyond my comprehension… Blood samples of the entire family were taken. Now everyone is keeping a distance from us and calling us corona suspects,” said Rahman, who had gone to Delhi for a holiday.

“People not only from my village but also in the nearby villages are pointing fingers at me and my family… We are the ones who condemn Tablighi Jamaat and their activities. We have nothing to do with them. The quarantine… has brought…infamy to us,” he added.

In another goof-up, the list even includes names of some people who no longer live in the state but carried mobile numbers issued in Chhattisgarh. One such name is that of BSF sub-inspector Shantanu Mukherjee, who was working in Bhilai about two years ago, but is currently posted in Delhi.

“What kind of list is this? Who released it in the first place? At first, I received a call from the Covid-19 control room in Chhattisgarh and then from the State Police Control Centre. They inquired about my health and current place of posting,” said Mukherjee, whose office is located close to the Nizamuddin area. 

Makkhan Singh Yadav, a sub-inspector with the CRPF, is another case in point. Yadav, who is posted somewhere close to Nizamuddin, had bought a SIM card from Dantewada, when he was posted there five years ago.

“I had received calls from both Delhi and Chhattisgarh police after being marked as a corona suspect. But when I explained the reality to them, no calls were made thereafter. I could not understand how all this is taking place,” said Yadav, who is a native of Rampur, Uttar Pradesh.

A first-year Delhi University student, who belongs to Mahasamund district of Chhattisgarh, has been kept under isolation at a local government hospital.

The student, who didn’t want to be named, said she had gone to Nizamuddin railway station to catch a train for Chhattisgarh.

“I came home immediately after it was announced that educational institutions are shutting down. After returning from Delhi, I spent around 19 days at my own home, but suddenly I was admitted to the hospital on 1 April. Why have I been brought here (hospital) if I have no symptoms? All this feels like some sort of torture.”

“Despite my repeated denial, I was brought here by the health department on the pretext of being associated with the Tablighi Jamaat,” she said. 

Asked about the Tablighi quarantine list, principal secretary Sahu said: “The government has issued no such list. We have received inputs from the social media about three such lists but the state government has not officially prepared any list.

“All those put under quarantine have been done as per the orders issued by the state government. This order states that those who came to the state after 1 March should be kept under isolation,” he added.

Raipur Collector Dasan refused to say anything about the list and added that people have been kept under quarantine after obtaining their “detailed travel history” based on the guidelines issued by the ICMR.

On the allegation of social boycott, Dasan said: “No person or their families placed under home quarantine or isolation should be subjected to any social boycott or misconduct. They also need not have any social inferiority complex in their minds.

“If any person placed under quarantine feels like this (social inferiority complex), the government has arranged counsellors for them. Our counsellors are convincing and assuring such people by reaching out to them.”

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