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
February 21,2020

Beijing, Feb 21: A 29-year-old Chinese doctor, who postponed his wedding to treat patients infected with the deadly coronavirus, has died treating them after being infected by the virus, the ninth fatality among the healthcare providers working to contain the outbreak.

Dr Peng Yinhua, doctor of a Wuhan hospital who treated patients infected with the coronavirus, died on Thursday night, according to the health bureau.

Peng, a respiratory acute care medical professional, became infected while working to combat the novel coronavirus at the First People's Hospital of Jiangxia District of Wuhan. He was hospitalised on January 25 and transferred to the Wuhan Jinyintan Hospital for treatment on January 30.

"Peng Yinhua, a frontline doctor at Jiangxia First Hospital in virus epicenter #Wuhan, died of #COVID19 on Thursday night. He had earlier delayed his wedding as he wanted to treat patients with the disease at hospital," state-run Global Times tweeted on Friday.

He died from the virus despite doctors' all-out efforts to save his life.

Chinese health authorities have asked health agencies to apply for the honour of martyr for deceased medical staff to the veteran's affairs authorities, comfort the families of the deceased and help solve their difficulties, as well as publicise stories of those who sacrificed their lives during the epidemic, state-run Xinhua news agency reported.

Li Wenliang, the 34-year-old Chinese doctor, who was one of the first people to sound the alarm about the new outbreak died on February 7.

Li sent a message to his medical-school alumni group on December 30, warning that seven patients had been quarantined at Wuhan Central Hospital after coming down with a respiratory illness that seemed like the SARS coronavirus. But Wuhan police reprimanded and silenced Li.

Earlier, Dr Liu Zhiming, head of the Wuchang Hospital died due to the virus. On the same day Liu Fan, senior nurse of the hospital, died along with her parents and brother due to the virus.

China’s National Health Commission earlier said that a total of 1,716 medical workers had contracted the infection as of February 11.

Peng's death takes the death toll among the medical staff to nine.

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News Network
February 5,2020

Tightening control over companies misleading advertisements of medicines and products, the Indian government could soon slap a fine of up to Rs10 lakh and up to two years' imprisonment. While repeat offender could be fined up to Rs50 and imprisonment up to five years.

The Ministry of Health and Family Welfare's new draft of the Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020, provides extremely stringent penalties compared to the current law.

Under the new Act, companies advertising medicines and products falsely claiming to make a person fairer, improve height and memory or cure issues like hair loss or greying and premature ageing, among several others, may attract more stringent fines and jail time.

The current Act, 1954, leaves scope for companies to create deceptive advertisements as first time offender can be jailed for six months while repeat offender can be up to one year in prison, reported The Indian Express.

Under the Bill, deceptive advertisements will cover digital advertising, notice, circular, label, wrapper, invoice, banner and poster, among others. The government also plans to expand the scope of the law under the proposed amendments to cover 24 more deceptive claims not included in the current law, like medicines that can cure AIDS, change the sex of a foetus, among others, reported Livemint.

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News Network
February 4,2020

Bengaluru, Feb 4: Karnataka High Court on Monday reserved order on plea, seeking cancellation of bail granted to Nithyananda for skipping the trial and fleeing the country.

After hearing the arguments, the court has reserved the matter for further orders which will be pronounced on February 5.

The plea, which was filed in the high court on January 23, was heard by Justice John Michael Cunha.

The counsel for the complainant Lenin put forth arguments that the self-styled godman Swami Nithyananda had fled the country to escape the trial. "Nityananda has been claiming to be in India in his exemption petitions filed before the trial court but during that time he sought asylum in Ecuador and is having a second passport," said Lenin.

The prosecutor informed the court that they do not need his presence for the trial at this time.

Nithyananda, accused of rape and child abuse, has been absconding since November 2018.

In December 2019, the Ministry of External Affairs said that the passport of Nithyananda was cancelled and a fresh application of the same was denied as he did not get the requisite clearance from police and several criminal cases have been lodged against him.

Police in Ahmedabad had arrested two woman administrators of the ashram, allegedly owned by Nithyananda, and freed two boys who were held captive there.

Two of his disciples, Pranpriya and Priyatattva, were arrested on the basis of a complaint filed by one Janardhan Sharma who alleged that his daughter was held captive in Nithyananda's ashram.

The police took the two women to Nithyananda's ashram in Hathiajan for an investigation and seized laptops, mobile phones among other things.

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