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 1,2020

Bengaluru, Apr 1: The state government has identified five districts, including Dakshina Kannada, as 'cluster zones' or 'Red zones,' to prevent the spread of Novel Coronavirus.

The other four districts include Mysuru, Uttara Kannada, Bengaluru and Chikkaballapur.

Mangaluru has been under strict lockdown, as it is close to Kasargod in Kerala, which reported many positive cases and is also one of the 'hotspots' in the National Centre for Disease Control (NCDC) list.

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Agencies
February 23,2020

Bengaluru, Feb 23: Bolstered by the Supreme Court's interim nod for the gazette notification of the Mahadayi Water Dispute Tribunal award by the Central government, Karnataka decided to allot funds for the drinking water project in the state's northwest region, an official said on Saturday.

"Funds will be allotted in the state budget for fiscal 2020-21 to complete the Kalasa-Banduri project across the Mahadayi river for supplying drinking water to the four drought-prone northern districts in the state," the official of the water resources department told media on anonymity.

As Chief Minister B.S. Yediyurappa also holds the finance portfolio, he has agreed to allocate funds for the project, held up for years in the legal battle with the neighbouring Goa and Maharashtra over the sharing of the river water among the three coastal states.

Yediyurappa is slated to present the state budget for the ensuing fiscal in the legislative assembly on March 2.

"We will resume the project work once the Centre notifies the award though it will be binding on the final outcome of the apex court's hearing the review petitions of Goa and Maharashtra against the Tribunal award," the official noted.

A division bench of Justice D.Y. Chandrachud and Justice Hemant Gupta on Thursday passed an interim order on the Tribunal award, allowing the central water resources ministry to notify it for implementation and posted the case for final hearing in July.

The Tribunal on August 14, 2018 allocated 13.42 thousand million cubic feet (tmcft) of the river water to the southern state for irrigation and drinking water supply to towns and villages across Bagalkot, Belagavi, Dharwad and Gadag districts, which are in the arid region of the Deccan plateau.

The four districts are about 400-550 km northwest of Bengaluru in the southern state.

Of the 13.42 tmcft water, 5.5 tmcft will be used in the river basin and for diversion into the depleted Malaprabha reservoir while the balance 7.92 tmcft will be utilized for hydel power generation instead of allowing the water to go into the Arabian Sea on the state's west coast through Goa.

Goa, which opposed Karnataka's demand for 36.66 tmcft, was allocated 24 tmcft, while Maharashtra got 1.3 tmcft.

The Tribunal assessed that 188.06 tmc feet water is available at 75 per cent dependability.

The three-member Tribunal is headed by Chairman Justice J.M. Panchal, Justice Viney Mittal and Justice P.S. Naayana.

The Union government had set up the inter-state Tribunal on November 16, 2010 for the djudication of the Mahadayi basin water allocation among the three riparian and contiguous states.

Goa and Maharashtra claimed 122.6 tmc feet and 6.35 tmc feet of the river water respectively.

The Tribunal, which commenced sittings on September 6, 2012, held 1,209 sittings for over 6 years.

Supreme Court senior counsel F.S. Nariman represented the state before the Tribunal to present its case.

The Tribunal's chairman and two members inspected the river basin area across the three coastal states from December 12-24, 2013.

The 77km-long Mahadayi or Mandovi river originates at Bhimgad in the Western Ghats in Belagavi district and flows into the neighbouring Goa through Maharashtra and joins the Arabian Sea off the west coast.

Though the river flows 29 km in Karnataka and 52 km in Goa, its catchment area is spread over 2,032 km in the southern state as against 1,580 km in the western state (Goa).

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coastaldigest.com news network
May 12,2020

Bengaluru, May 12: Karnataka sees the highest single day spike since the start of the pandemic in the state, higher than Sunday's spike in cases. 63 new cases have been reported in last 24 hours. 

With this, the total number of COVID-19 cases rises to 925, said the state health department's bulletin on Tuesday.

While 42 new positive cases reported from May 11, 5 pm to May 12, noon, another 21 fresh 21 cases reported by 5 pm on May 12.

To date, 921 COVID-19 positive cases have been confirmed. This includes 31 deaths and 426 discharged," the bulletin read further.

Morning Bulletin

New cases in Bengaluru Urban 3,  Yadgir 2, Bagalkote 15, Dakshina Kannada 2, Dharwad 9, Bidar 2, Hassan 5, Ballari, Mandya, Chikkaballapura, Kalaburagi (one each).  

Evening Bulletin

Cases in Gadag (3), Kolar (5), Bengaluru Urban (1) and Davangere (11) cases. 

Cases reported on 12 May: 63

Total cases in state: 925
 

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