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 15,2020

Managluru, May 15: Kannadigas in Saudi Arabia deserve more attention from the government amidst covid-19 crisis as they remit huge amount of money to their home state and ultimately get no benefit, opined U T Khader, Mangaluru MLA.

The former minister held a video conference with stranded Kannadigas in Saudi Arabia on May 15 and assured to do his best to convince the Centre to operate more repatriation flights from Saudi Arabia to Karnataka. 

He also said that he would urge the chief minister of Karnataka to announce a separate rehabilitation package for Indian expatriates who have lost their jobs in Gulf countries amidst covid-19 lockdown.

Mr Khader also interacted with two medical emergency patients and promised them to inform the Indian embassy in Riyadh to facilitate their homeward journey via Dammam-Bengaluru flight in the second phase of Vande Bharat Mission. 

Mr Khader expressed regret over the inept handling of passengers from Dubai at Mangaluru International Airport on May 12 and said that next batch of passengers would not face such problems on arrival.

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coastaldigest.com news network
June 6,2020

Mangaluru, June 6: As many as 24 coronavirus positive cases reported in Dakshina Kannada in 24 hours (from 5 p.m. June 5 to 5 p.m. June 6). 

With this the total number of covid-19 cases mounted to 167, among which 88 are currently active. 

Among the newly detected 24 cases 11 are Maharashtra returnees, 6 are Dubai returnees, 1 is Arabia returnee, 1 is Ukraine/Turkey returnee. And source of 5 new cases still remained untraced.
 

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News Network
March 4,2020

Bengaluru, Mar 4: The Karnataka High Court has issued a notice to the state government in connection with the denial of retirement benefits to a retired deputy commissioner of commercial taxes who had fought against the illegal iron ore lobby.

Justice G Narendra also directed the state to respond to the notice before March 9, stating the reasons for withholding the officer’s retirement benefits.

Advocate Ramananda, appearing for the retired officer Josephat Andrews, explained that the single-judge bench also warned the government of stringent action.

Petitioner Josephat Andrews said his retirement benefits amounting to Rs 25.88 lakh were being withheld since 2014.

In 2009, Andrews detected a huge scam involving Vijaya Leasing, a company associated with former minister Gali Janardhan Reddy. Immediately he wrote to his higher officials explaining to them how the department was owed Rs 1,400 crore in taxes by the company. Immediately after that, Andrews was transferred to Bengaluru.

The media exposed the scam in 2012. Thereafter, to harass the officer, Andrews was served notice for allegedly not conducting an inspection of M/s Vijaya Leasing, which was controlled by the family of then tourism minister Gali Janardhana Reddy, on July 11, 2012.  He was discharged by a full departmental enquiry.

The petitioner was issued a second show cause notice on Jan 29, 2014 on the same charges. Before his retirement, he was docked two increments, denied promotional benefits and his pension was reduced without following due process.

He was served yet another notice with charges that he did not inspect goods vehicles, and an order was passed on April 30, 2019 reducing his pension by 5 per cent, an unprecedented punitive action.

This order was quashed by the Karnataka Administrative Tribunal (KAT), which also ordered payment of retirement benefits to Andrews within five months. However, the benefits were not released to him.  

“Rule 214 of the Karnataka Civil Services Rules (KCSR) make it clear that no enquiry can be held four years after an officer’s retirement.  Belying all statutory rules and precedents of the Supreme Court, Josephat Andrews’ retirement benefits were withheld for five years. Andrews therefore approached the High Court,” advocate Ramananda explained.

Josephat Andrews recalled to Deccan Chronicle that although mining activity was in full swing in 2008, the commercial tax department maintained that it had nothing to do with mining. “I travelled to Gujarat, Maharashtra and Bellary to investigate. I found tax evasion of thousands of crores. When I visited M/s the Vijaya Leasing facility – it was operating from an old oil mill premises–within 20 minutes I got calls from Ali, a person claiming to be the personal assistant of Gali Janardhan Reddy. He told me to get out of the premises as it belonged to his boss. Then calls came from minister Sreeramulu and MLA Nagendra. 

Within minutes 200-300 rowdies gathered around the building and my superior asked me to come back. Instead of filing a police complaint and forming a special team to deal with the situation, the department transferred me to Bengaluru,” he explained.

Talking about the High Court directive, Josephat Andrews said, “I have suffered a lot. Instead of getting a reward for increasing revenues by Rs 2,000 crore, I was punished.”

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