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
April 23,2020

Bengaluru, Apr 23: The Karnataka government on Wednesday promulgated 'The Karnataka Epidemic Diseases Ordinance 2020' that provides the state with a power to seal borders, restrict essential services and punish those attacking public servants and damaging public property.

The Ordinance comes after violence in Padarayanapura when the police and BBMP officials were attacked while they tried to take some secondary contacts of a deceased COVID-19 patient into quarantine on April 19.

The Ordinance, which was promulgated after the Centre's guidelines in this regard, said, "The offender shall be liable for a penalty of twice the value of public or private property damaged as determined by the Deputy Commissioner after an inquiry."

It further said that if the penalty is not paid by the offender, then the amount shall be recovered under provisions of the Karnataka Land Revenue Act, 1964. The Deputy Commissioner can even attach the property of such offender in due course.

Also, abetment of offence would attract imprisonment of up to two years and a penalty of Rs 10,000 or both.

"No person shall commit or attempt to commit or instigate, incite or otherwise abet the commission of offence to cause loss or damage to any public or private property in any area when restrictions and regulations are in force to contain any epidemic disease," the Ordinance said.

Whoever contravenes such provision shall be punished with imprisonment for a term which shall not be less than six months, but may extend to three years and with fine which may extend to Rs 50,000, it added.

On Wednesday, the Centre brought an Ordinance to end violence against health workers, making it a cognisable and non-bailable offence with imprisonment up to seven years for those found guilty.

"We have brought an Ordinance under which any attack on health workers will be a cognisable and non-bailable offence. In the case of grievous injuries, the accused can be sentenced from six months to seven years. They can be penalised from Rs 1 lakh to Rs 5 lakhs," Union Minister Prakash Javadekar briefed media after Cabinet meeting.

Javadekar said that an amendment will be made to the Epidemic Diseases Act, 1897 and ordinance will be implemented.
This comes amid nationwide lockdown in the wake of COVID-19.

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News Network
January 10,2020

Bengaluru, Jan 10: The National Commission for Scheduled Tribes (NCST), which met with officials of the Social Welfare Department Thursday, has urged the state government to increase the reservation provided to the ST community.

The Commission's suggestion comes even as a committee headed by Justice Nagamohan Das is currently studying a demand for increase of reservation for the community from the existing 3% to 7.5%.

Addressing mediapersons on Thursday, Commission Chairperson Nand Kumar Sai, said the Commission had discussed the issue with the Social Welfare Department, Karnataka, asking officials to expedite the process.

In response to this suggestion, Social Welfare Department Principal Secretary G Kumar Naik said the government would take a call based on the Nagamohan Das Committee's report.

A meeting was held between members of the National ST Commission and the Social Welfare Department Thursday with regard to various projects taken up by the department.

In June last year, the then Kumaraswamy-led coalition government constituted the Justice Nagamohan Das Committee, after protests from members of the Valmiki community for an increase in reservation to 7.5%. At present, Karnataka provides 15% reservation for SCs, 3% for STs and 32% for other backward classes (OBC).

The national commission also urged the state government to ensure permanent faculty in all the 824 residential institutions run by the department. At present, as much as 50% of the faculty in these institutions have been hired on a contractual basis. "We have assured that the recruitment will be done in a short time," Naik told mediapersons.

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Media Release
March 11,2020

Mangalore, Mar 11: There everybody busy in hailing ‘Padmashree’ Harekala Hajabba. They wondered how an orange seller turned into an educationist with his grit and high objectives. However, the center of attraction- Harekala Hajabba was thinking how to transfer a cheque of rupees one lakh to a current account of his school!

Dakshina Kannada District Kannada and Culture Department had an interaction program with Harekala Hajabba at Ravindra Kalabhavana of University College Mangaluru on Wednesday. The department, as well as Dakshina Kannada District Bus Owners’ Association felicitated the achiever. They also honored Hajabba with a cash of rupees one lakh. Instantly, the man decided to utilize the amount for his school! 

In his address, Guruvappa N T Balepuni, who introduced Harekala Hajabba to society opined that with his simplicity, humbleness, moreover his service without any expectation, Hajabba is being respected everywhere. Though he is an illiterate, three universities have made his life as lessons for students. “He has kept around Rs 50-55 lakh, including his award money for the development of school. January 25, the day on which ‘Padmashree’ award has been declared to Hajabba is a memorable day for me too,” he added. 

Dakshina Kannada District Bus Owners’ Association President Dinram Alva and former president Jayaram Shekha opined that there is lot to learn from Hajabba and he is a model for the society. Recalling his old- harsher days, Hajabba said, “Parents should make mind to save government schools. A literate can achieve anything, he can lead the society,” he said and called upon for the communal harmony. 

Presiding over the function, Principal Dr. Uday Kumar M A said that Harekala Hajabba is best example how a pure-hearted man achieves any height, simplicity can make someone so rich. In his welcome speech District Kannada and Culture Department Deputy director Rajesh G, depicted Hajabba as ‘modern time Mahatma Gandhi’. Economics PG Coordinator Dr. Jayavantha Nayak and M.Com Coordinator Dr. Abobakkar Siddiq were present on the occasion.

 

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