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
June 4,2020

Bengaluru, Jun 4: The Karnataka government has tweaked quarantine requirements for people arriving from Maharashtra, raising the isolation time from a fortnight to three weeks, an official said on Wednesday.

"Returnees from Maharashtra will be sent to institutional quarantine for seven days, followed by 14 days strict home quarantine, total 21 days," tweeted Health Commissioner Pankaj Kumar Pandey.

The 21-day quarantine regimen is for all asymptomatic people returning from Maharashtra, considering most of the Covid cases in Karnataka are having domestic travel history to that state.

If any of the asymptomatic people develop symptoms during the isolation, they will be subjected to a Covid test.

However, some asymptomatic individuals from Maharashtra have been provided some exceptions from the three-week quarantine and designated as special category passengers.

Special category passengers include people who suffered a death in family, pregnant women, children below 10, elderly people above 60, individuals suffering from serious illness and human distress.

Similarly, the department has also made some provisions for business travellers from Maharashtra.

"To establish that one is a business visitor, (that) person should show confirmed return flight or train ticket which should not be more than seven days later from the date of arrival," ordered Chief Secretary T.M. Vijay Bhaskar.

Similarly, if a business visitor is arriving on road, he should provide the address proof of the person in Karnataka he intends to meet.

Additionally, such a person should also produce a Covid negative test certificate which is not more than two days old.

"One does not have a Covid negative test certificate such a person should go for institutional quarantine for two days within which Covid test should be conducted at his own cost. After the test result is negative, that person is exempted from quarantine," he said.

However, business travellers have been exempted from hand stamping.

Amending the Sunday orders, Bhaskar, has enhanced the quarantine requirements for Maharashtra returnees.

Many conditions for visitors from other states remain mostly unchanged as notified on Sunday.

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News Network
January 29,2020

Bengaluru, Jan 29: The high court has granted bail to a 37-year-old Bangladeshi woman from the Christian community on the strength of Citizenship (Amendment) Act 2019.

The court cited Section 2 of the amended Citizenship Act 1955, according to which minorities from Pakistan, Bangladesh and Afghanistan who entered India on or before December 31, 2014 should not be treated as illegal immigrants, while granting her bail.

Allowing the petition filed by Archana Purnima Pramanik, an illegal immigrant from Bangladesh, who claims to be staying in India since 2003, justice John Michael Cunha on Monday directed her to furnish a bail bond for Rs 2 lakh to the satisfaction of the investigating officer and cooperate with the probe.

The judge observed the allegations made against her must be proved in a full-dressed trial. Archana was booked for obtaining documents such as PAN and Aadhaar cards and also fraudulently obtaining an Indian passport on March 28 last year. Based on a complaint filed by the assistant passport officer, Archana was arrested on November 7, 2019 and her bail petition was dismissed by a sessions court on December 4, 2019.

Born on March 23, 1983 at Tanore, Rajshahi district of Bangladesh, Archana came to India in 2003 to pursue a career in nursing. After obtaining a diploma in general nursing and midwifery at Ranchi in 2006, she worked in many reputed hospitals.

In 2010, she got married to Rajashekaran Krishnamurthy and the marriage was registered at Ranchi. After the wedding, she moved to Bengaluru and obtained PAN, Aadhaar and voter ID cards.

On April 1, 2019, Archana applied for a visa to Bangladesh for herself and her son. During her journey on May 20, 2019, they were detained at Kolkata airport and released later. However, the regional passport office issued a notice revoking Archana’s passport and she was arrested by RT Nagar police on November 7, 2019.

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News Network
April 16,2020

Bengaluru, Apr 16: Karnataka Deputy Chief Minister Dr Ashwath Narayan today said that if former chief minister HD Kumaraswamy, being a law-abiding citizen, does not follow guidelines then action will be taken against him.

The Deputy CM made this comment when he was asked about Kumaraswamy's son Nikhil's marriage, which has been fixed on April 17 at a farmhouse near Bidadi in Ramnagar.

Narayan said: "Any violation of the guidelines will not be tolerated. We will ask the concerned authority to film the entire event and document it."

He said that so far Kumaraswamy has made public statements that guidelines will be followed.

"HD Kumaraswamy is a people's representative. He has been in public life for a long time. He should abide by the guidelines," Narayan said.

"Since he has been in a responsible position for a long time and he was the Chief Minister, guidelines must be followed in his son's marriage as per the rules amid COVID-19 scare.

After the marriage, there must not be any excuses. He cannot say that people came without an invitation," the Deputy Chief Minister added.

Kumaraswamy clarified that only his family members will attend the marriage and that there will be around 60 to 70 people.

"All guidelines will be followed as per the central government directives," he said.

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