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
March 9,2020

Bengaluru, Mar 9: The political crisis faced by Kamal Nath government in Madhya Pradesh appears to have accentuated with 13 party MLAs and six ministers reported to be in Bengaluru.

The developments have come amid factional differences in the party unit and at a time the party has to finalise its Rajya Sabha candidates from the state.

Sources said the number of Congress MLAs who were in Bengaluru had gone up to 19 and one more MLA expected to reach Bengaluru by Monday night. They said the MLAs have come in batches and include six ministers from Madhya Pradesh.

The developments came on a day state chief Chief Minister Kamal Nath met party chief Sonia Gandhi and discussed the political situation in the state.

The sources said that MLAs are likely to be shifted to a resort on the outskirts of Bengaluru.

According to the sources, BJP Mahadevpura MLA Arvind Limbavali has been in touch with the Congress MLAs. They said 16 MLAs were brought at HAL airport Bengaluru by a special flight and were staying in a hotel at present.

The session of Madhya Pradesh assembly will begin on March 16 and the BJP may bring no-confidence motion against the Kamal Nath government.

Kamal Nath had said after his meeting with Gandhi that Congress MLAs who were reportedly missing have returned and had informed him that they were on 'tirth yatra'.

"Congress MLAs came back and said to me that they went on' tirth yatra (pilgrimage)".

The Congress has accused the BJP of trying to topple the party government. Party leader Digvijaya Singh had earlier alleged that BJP leaders Shivraj Singh Chouhan and Narottam Mishra were offering bribes of Rs 25-35 crore to Congress MLAs in order to bring down the Congress government in the state. The BJP had refuted the allegations.

In 2018 assembly elections, Congress won 114 seats in the 230-member Assembly and formed the government with the support of four Independent MLAs and two BSP MLAs and a legislator from the Samajwadi Party (SP). The BJP had secured 109 seats in the state assembly.

Last week,Madhya Pradesh Labour Minister Mahendra Singh Sisodia had warned that the state government will face a crisis if it "ignores or disrespects" party leader Jyotiraditya Scindia.

Scindia had said last month that he will not hesitate to hit the roads if promises made in a manifesto by Kamal Nath-led government in Madhya Pradesh were not fulfilled.

Kamal Nath had responded to the remarks saying, "To utar jayein" (Let him hit the streets if he wants to).

Congress MLA Bisahulal Singh, who was "missing" for the past few days, returned to Bhopal on Sunday and said he had gone on a pilgrimage.

Independent MLA Surendra Singh said on Monday that he was hoping to become a minister in Madhya Pradesh government soon.

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News Network
February 17,2020

Mangalore, Feb 17: The Popular Front of India (PFI) on Monday took out a march in Mangalore's Deralakatte without seeking permission, police said.

"They were only given permission for a programme but they took out a march from Madaninagar to Deralakatte," said ACP Kodanada Rama.

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News Network
January 5,2020

Ballari, Jan 5: Thousands of Muslims, joined by the members of various organisations, on Saturday staged a massive protest in the town condemning the provocative speech by Bellary MLA G Somashekar Reddy.

The police caned the agitators after they tried to lay siege to the house of BJP legislator.

The protesters holding national flag took out a rally from Kaul Bazaar, which passed through the major streets, and culminated at Gadagi Channappa Circle. They raised slogans against the BJP and burnt the effigy of Somashekar Reddy.

The protest sent the traffic haywire Gadagi Channappa Circle and the cascading effect of it was seen across the town. SP C K Babu told the agitators that the MLA has been booked for making provocative speech and pleaded them to hold a protest at Municipal College grounds. But the agitators were in no mood to relent.

Inspector General (Bellary Range) I G Nanjundaswamy has rushed to the town to oversee security. The BJP MLA on Friday made inciting remarks against minorities during his speech at a pro-CAA rally in the town.

FIR against Reddy

The Gandhinagar police in the town on Saturday registered an FIR against MLA Somashekar Reddy, for making a provocative speech, under IPC Sections 153 A (promoting enmity between two religions), 295A (insulting religious beliefs) and 505B.

During his speech at a pro-CAA rally on Friday, Reddy had said, "Hindus are 80% of the population while minorities are 17%. What will happen to you if we hit back? Hence, you should be very careful about your moves and steps."

The legislator came down heavily on those staging protests against CAA in Ballari. "We won't keep quiet if another protest is staged against the CAA. Each Hindu is like Shivaji. Nobody will be alive if all Hindus come out to streets holding swords," he had said.

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