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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coastaldigest.com news network
May 18,2020

Mangaluru, May 18: The coastal city of Mangaluru and other parts of twin districts of Dakshina Kannada and Udupi are receiving heavy rain coupled with lightning and thunder.

The rain, which started in the wee hours, continued to lash for hours. It brought much relief from the sweltering heat.

Waterlogged roads in different parts of Mangaluru cause inconvenience to motorists. The clouds were so dark that the drivers were forced to switch on the headlights while driving vehicles in the morning.

The IMD has predicted heavy rain in the coastal Karnataka for next two days.

Lighting claims a life

Meanwhile, a youth died after lightning struck him at Paduyenagudde in Katpadi of Udupi district on Sunday late night. The deceased was identified as Bharat. Though he was rushed to the hospital, he failed to respond to the treatment.

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News Network
August 7,2020

Bengaluru, Aug 7: Amid the rising number of COVID-19 cases in Karnataka, the state's health department issued fresh guidelines for the disposal of bodies of COVID patients.

"Although an increased risk of COVID infection from a dead body to health workers or family members who follow standard precautions while handling the body is unlikely, the lack of scientific data requires the utmost care to avoid the inadvertent spread of COVID-19 during these times," the statement from the health department's press release read, emphasising on the dignity of the dead and the religious and cultural tradition.

The 23-page press release elaborated on guidelines regarding testing, handling of dead bodies and other specificities in relation to the management of COVID-19 bodies.

"Testing should not be insisted in every case of death, but only when they have a recorded history of influenza-like symptoms. The body should be handed over to the family members/ relatives in a dignified manner immediately after swab collection and hospitals should provide handouts with a list of dos and don'ts in English and Kannada laying down relevant information," the statement said.

It added, "At the mortuary, health care workers, mortuary staff and the family of the deceased body shall not come in direct contact with the dead body and must wear full personal protective equipment (PPE). If the family or relative are for any reason unable to cremate or bury the body, the local health authority shall arrange for the dignified last rites as per the religious traditions of the family."

Regarding autopsies (post mortem) on COVID-19 bodies, the state department said that they should be avoided, except in necessary circumstances.

The statement also gave detailed guidelines regarding the appropriate recording of COVID-19 deaths in line with the Indian Council of Medical Research (ICMR) guidelines.

Additionally, the health department made a statement about the admission procedure for COVID positive patients referred by other district administrations saying, "It is now mandatory for all the referrals from the BBMP admission and discharge of COVID positive patients to be done through the online COVID Hospital Bed Management System (CHBMS)."

The state's count of coronavirus cases was 1,51,449 in the past 24 hours.

So far, a total of 2,804 people have died due to COVID-19 in the state, while the average recovery rate in Karnataka is 49.3 per cent.

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News Network
August 6,2020

Bengaluru, Aug 6: No private hospital in Karnataka can turn away a patient without attending to him or her, irrespective of the Coronavirus status, an official has said.

"Private medical establishments shall not deny treatment and admission to any patient approaching the establishment irrespective of the fact that such patient may or may not be suffering from Covid-19," an official from the state Health and Family Welfare Department said on Wednesday.

Likewise, no private hospital can insist on a patient for a Covid-19 test report, said the official invoking the Disaster Management Act.

"The establishments also cannot insist for Covid test report," he said, directing all private hospitals to strictly abide by their responsibilities.

According to the department, it is the duty of every private hospital to provide first aid and take lifesaving steps when any patient approaches it.

"It is the duty of every private medical establishment to provide first aid and take lifesaving measures to stabilise the patient," he said.

The department also invoked statutes from Karnataka Medical Establishments Act 2017, under sections 11 and 11 (A) to drive home the message.

The directives assume significance at a time when several cases of private hospitals denying admissions and fleecing patients across the state have emerged.

"It has been noticed that some of the private hospitals are refusing treatment and admission to emergency patients, causing distress and this has resulted in complications, leading to death in certain cases," said the official.

The district authorities have been directed to take action on the erring hospitals as the department reiterated the responsibilities of private medical establishments.

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