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 26,2020

Dubai, Apr 26: Families were shattered as the three dead bodies of UAE-based Indian expats were returned to the country from New Delhi, India.

Family members waited outside the Indira Gandhi International Airport for hours, but they were later told to go back home as the remains of expats Jagsir Singh, Sanjeev Kumar and Kamlesh Bhatt were flown back to Abu Dhabi, following a new order implemented by India's Ministry of Home Affairs.

Inderjeet, brother-in-law of Sanjeev based in Al Ain, said their family in Punjab was devastated.

"This is a non-coronavirus death. We had a death certificate as proof and all necessary documents from Indian Embassy. But the body was returned while our family members waited outside the airport. This is very shocking," Inderjeet said.

"The body shouldn't have been returned. It's difficult to travel across states due to Covid-19 restrictions and also to arrange the ambulance," he added.

"Now the embassy has told me to come on Sunday. They said hopefully things will be sorted out in a day or two."

Meanwhile, the family of Kamlesh resides in the Indian state of Uttarakhand. This means, with existing travel restrictions, they had to secure permits from different states to reach New Delhi.

Dubai-based social worker Girish Pant, who is in touch with the family, said they are all depressed with the unfortunate turn of events.

"His brother Vimlesh had to return home without the remains. They are all clueless and in pain. With the new order from the Ministry of Home Affairs, I have informed the family that the body will reach them within 48 hours. I am also coordinating with the Indian Embassy," Pant said.

Comments

Ahmed A.K.
 - 
Monday, 27 Apr 2020

Now support BJP

 

Indian origins dont have place to cremate in their own land while our HM is planning to give nationality to minorities of other countries.

 

what a joke man!!!

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News Network
April 1,2020

Bengaluru, Apr 1: Karnataka government along with BBMP has asked project contractors, builders and developers in the city not to send their labourers to their native place and instead provide them with amenities like food and shelter in this lockdown period.

It was also warned with legal action would be taken against them if they violating the instructions from the government .

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News Network
February 3,2020

Bengaluru, Feb 3: A wave of dissatisfaction has hit the six-month-old BJP government against the backdrop of chief minister B S Yediyurappa's announcement to induct 13 aspirants in the second cabinet expansion on February 6.

In the first cabinet expansion, the chief minister had inducted 17 ministers on August 20, 2019.

Among the 13, ten will be those defectors from Congress and the JD(S) who were disqualified earlier and won the assembly by-election in December last year.

The rest will be the 'native BJP leaders', as deputy chief minister Govind Karjol put it.

Speculations are rife that Mahadevapura MLA Arvind Limbavali, Hukkeri MLA Umesh Katti and C P Yogeshwar, who had lost to H D Kumaraswamy from Channapatna assembly segment,would be inducted.

If Yogeshwar is included in the cabinet then he will bethe second minister after Deputy chief minister Laxman Savadi who had lost and yet made it to the cabinet.

The possible induction of Yogeshwar and Savadi, who was made deputy chief minister despite losing the assembly elections, are also a "reason" for discontent in the BJP.

Hectic activities began in the power corridor and MLAs started forming groups to impress upon the chief minister to include their members in the ministry.

While one group was from the "Kalyana Karnataka" region, the others were the defectors who will be excluded in the cabinet expansion.

A few MLAS from 'Kalyana Karnataka' region or erstwhile Hyderabad-Karnataka region comprising six districts, met at the Legislature Home and held a meeting.

The meeting was led by Shorapur MLA Narasimha Nayak akaRaju Gouda and Honnalli MLA M P Renukacharya.
The MLAs of the Kalyana Karnataka region were unanimous that their backward region should get representation in the cabinet.

Later, Gouda met the Chief Minister and requested that their region be given adequate representation in the cabinet, which is lacking development.

Talking to reporters, Gouda said, "We had given representations to all the MPs, MLAs and the chief minister. Today also we all had a meeting and later called on the Chief Minister requesting him to make any MLA from our region a minister."

He said any imbalance in cabinet expansion will cause trouble to the MLAs from Kalyana Karnataka region.

"If you make the defeated candidates ministers then include 120 people in the cabinet," an aggrieved Gouda taunted.

Renukacharya too echoed the same sentiments.

"If you give preference to the defeated candidates then what will happen to those who won the election? Where should the winners of election go? We emphasise upon giving preference to the winners."

On the other hand, the defectors who jumped the Congress and the JD(S) ship and helped form the BJP government too had a meeting in Bengaluru, said BJP sources.

They were unanimous that not only the 11 MLAs who won theelection be made ministers but also A H Vishwanath and M T BNagaraj who had unsuccessfully contested the assembly by- polls from Hunasuru and Hoskote on a BJP ticket.

Vishwanath, who was quite vocal on Sunday for dropping his name, was mellowed down on Monday after meeting Yediyurappa.

However, his insistence for getting a cabinet berth remained intact.

"I did not make any proposal before him and will not do it in future because he (Yediyurappa) knows what has to be done,"Vishwanath told reporters after meeting the chief minister.

When he was reminded of Yediyurappa's statement that therewere legal complications in making him a minister, Vishwanath said, "This government has legal experts and the advocate general. They will speak."

Amid speculations that Athani MLA Mahesh Kumathalli may not get a cabinet berth in the reshuffle, the defected MLAs led by Gokak BJP MLA Ramesh Jarkiholi, had a meeting to decide their future strategy, said party sources.

Currently, there are 18 ministers, including the chief minister, in the cabinet, which has a sanctioned strength of 34. Sixteen berths are vacant.

The cabinet expansion exercise will be a delicate task for Yediyurappa as he has to ensure adequate representation for various castes and regions.

The ministry already has eight Lingayats, including Yediyurappa; three Vokkaligas; a Brahmin; three SCs, two OBCs and one ST.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in the cabinet expansion, alleging he is weak and his administration has collapsed.

Reacting to the cabinet expansion, former chief minister Siddaramaiah quipped, "A drama is taking place. Let it happen on February 6. Afterwards we will see what all happens."

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