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 19,2020

Mangaluru/Mysuru, May 19: Though the Karnataka government permitted the private buses, operators in Dakshina Kannada district have decided not to operate buses until May end. In Mysuru district too the private buses remained off the roads.

Dakshina Kannada Bus Owners’ Association President Dilraj Alva said “Technically, private bus operators are not able to operate services as all of us have surrendered our permits. If we start services we will have to pay the tax for entire month. Hence, we have decided to resume bus services from June 1.”

The private buses had suspended their services since March 24.

In addition, bus owners also have two more demands which the state government needs to consider on priority, he said.

“We have requested the government to exempt private buses from paying tax for the next six months. We were not plying buses during lockdown and it will be tough for us in the next three months to operate as per new conditions.”

“The government has allowed only 30 persons in each bus to maintain social distancing. In addition, we have been urging the state government for bus fare revision since 2013. The government has revised the bus fares of KSRTC twice after that,” Alva said adding that bus owners will be meeting Mangaluru RTO on Tuesday.

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News Network
March 30,2020

Kochi, Mar 30: Kerala High Court, while hearing a petition filed against Karnataka's decision to block the border with Kerala, on Monday said that no lives should not be lost in the name of fighting coronavirus.

Kerala High Court also said that "the current problem should be resolved amicably. Both the Union government and the Karnataka government should rise to the occasion."
The Central government has informed Kerala High Court that the movement of goods and medical services qualify under essential services, which is permitted despite the lockdown, and added that directions have been issued to give priority to the movement of such goods and services.
Meanwhile, the Karnataka government has sought a day's time to clarify their stand.

The matter will be taken up for further hearing via video conference tomorrow.
Kerala government has submitted that the action of Karnataka government to close the border is illegal as all the national highways in the country come under the jurisdiction of the National Highway Authority.

Meanwhile, Congress MP Rajmohan Unnithan has also approached the Supreme Court seeking directions to open the Karnataka-Kerala border to allow movement of ambulances and other emergency vehicles for the transport of essential items to Kerala.

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News Network
June 7,2020

Mangaluru, Jun 7: The Sri Krishna temple at Udupi would not re-open on June 8 although permission has been given to all temples to allow devotees for darshan, Admaru mutt junior seer Paryaya Swami Ishapriya Teertha said on Saturday. He told reporters in Udupi that the mutt has decided not to allow devotees at present to join the fight against COVID-19 by the government, health department and the police.

The seer said the situation would be assessed in the next 20-30 days after which a decision to re-open the place of worship would be taken.

The health of the devotees and the staff at the mutt and temple would have to be protected.

However, pujas and rituals would continue to be held at the temple, he said.

Meanwhile, Dharmasthala dharmadhikari D Veerendra Heggade said in a press release that the Lord Manjunatheshwara temple in Dharmasthala in Dakshina Kannada district would open for devotees from June 8. He said 800-1,000 devotees would be allowed to have darshan at the temple every day, keeping with the regulations of the government.

Mass-feeding (annadhanam) in the Annapoorna hall would also be organised, maintaining social distance in view of the virus spread.

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