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 29,2020

Lucknow, Apr 29: Tablighi Jamaat members, who got cured of COVID-19, have been asked by their organisation to donate their plasma for treatment of other coronavirus-infected patients, a move that the outfit thinks will help it shed its “villain” tag.

"Maulana Saad, in an open letter on April 21 to all Jamaatis who have recovered from the coronavirus (infection), has appealed them to donate their plasma to help others. The message has reached all the members," Maulana Anees Ahmad Nadvi, the manager of Tablighi Jamaat’s Lucknow branch, told PTI PTI on Wednesday.

"As per the Health Department data, over 50 per cent of corona patients are Jamaatis. Among them those who have recovered are being contacted and all of them are ready to donate their plasma," claimed Nadvi.

"We have till now contacted 400 Jamaatis. In the entire country, those who have recovered are also giving their plasma. Markaz has given instructions that no one should be left from donating plasma," he said. "Jamaatis are not doing any favour to anyone by giving their plasma.

This is a humanitarian step. This is true that Jamaatis are being presented as villains after coronavirus spread, but Maulana Saad has asked us to forgive those doing this," he said. Tablighi Jamaat leader Maulana Saad Kandhalvi is on the run after an FIR was registered against him by the Delhi police for organising a religious gathering in March this year despite restrictions to combat the coronavirus spread.

With some plasma therapy trial results rekindling hopes of it being a likely cure for COVID-19, the Uttar Pradesh government too had begun contracting patients cured of it for plasma donation, but the move was suspended after the Union Health Ministry on Tuesday said the therapy was only at an experimental stage and there was no evidence yet to support that it can be used as treatment for COVID-19.

Uttar Pradesh Surveillance Officer, Dr Vikasendu Agarwal, said all those who have recovered from coronavirus, including Jamaatis, were being contacted for plasma donation, but the move has been suspended after the Centre’s statement on the issue.

Refusing to divulge the number of cured Jamaatis, he said "We were contacting them. They are not different from us. We were contacting all our patients and asking them that they could donate if they find it appropriate, as it would help other patients." "All of those contacted by us are ready for giving plasma," he said.

Chief Medical Officer, Lucknow, Dr Narendra Agarwal said all 28 Jamaatis, who were admitted in KGMU were contacted to donate their plasma and all of them agreed. "A proposal in this regard has been sent to the government.

After approval, their plasma will be taken," he said. With the plasma therapy gaining a lot of traction as a possible cure for coronavirus, the Union Health Ministry on Tuesday clarified that it is at an experimental stage and there is no evidence yet to support that it can be used as treatment for COVID-19. Till the effectiveness of this mode of treatment is scientifically proven, its application except for research and clinical trial is illegal, Joint Secretary in the Ministry of Health Lav Agarwal said.

Dr Vikasendu said after the Centre's clarification contacting people for plasma donation has been put on hold. A further step will be taken on decision of KGMU which is working on plasma therapy here, he added.

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News Network
March 21,2020

Mangaluru, Mar 21: Taking strict measures to contain the spreading of COVID-19, Dakshina Kannada Deputy Commissioner Sindhu B Rupesh, who is also District Magistrate, ordered sealing of road connectivity leading to Kerala State for all kinds of traffic from March 21 to midnight of March 31.

No vehicles will be allowed to operate between Dakshina Kannada and Kasaragod district in Kerala, the Deputy Commissioner said in a late-night order on Friday.

Ms. Rupesh said that in case of any emergency, vehicles will be allowed only through the Talapady check post on the National Highway 66, which is about 17 km away from Mangaluru city.

The Deputy Commissioner’s order came after the Kasaragod district reported six COVID-19 positive cases on Friday.

The order said that many vehicles operated between Kasaragod in Kerala and Mangaluru and hence, there is a need to take precautionary measures.

Private buses to not ply

Private bus operators in Dakshina Kannada will not operate their buses on March 22 to support the ‘Janata Curfew’ called by Prime Minister Narendra Modi.

Dilraj Alva, president, Dakshina Kananda Bus Operators’ Association, said in a release on Friday that people should remain in their homes on Sunday to help contain the community spreading of COVID-19. The decision has been taken in the interest of the public, he said.

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News Network
February 19,2020

Bengaluru, Feb 19: A public interest litigation (PIL) has been filed in the Karnataka High Court, seeking a stay on Anand Singh functioning as Minister of Forests, Environment and Ecology contending that there are criminal cases filed against him by the Ministry.

"A stay be granted prohibiting Anand Singh from functioning as the Cabinet Minister for the Ministry of Forests, Environment and Ecology. Any other order that the Honourable Court may deem fit in the interest of justice and equity," the PIL prays.

The petition, filed by advocate Vijay Kumar, said that the Chief Minister has allocated the portfolio of the Ministry of Forests, Environment and Ecology to Singh without considering the fact that there are several criminal faces filed against him by the Ministry.

It said that the allocation of the Ministry of Forests, Environment and Ecology portfolio to Singh is in the conflict of interest.

"The holding of the post of Cabinet minister for the Ministry of Forests, Environment and Ecology is against public interest and completely in conflict of interest as he has business for which the subject Ministry is the overseeing authority and further he will also have access to the case files which again is in conflict of interest," the PIL said.

PIL adds that "it is pertinent and absolutely necessary" to deny the incumbent from accessing files related to his cases and from taking any decisions which may provide him with pecuniary benefits through his businesses.

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