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 24,2020

Bengaluru, Mar 24: Karnataka Chief Minister B S Yediyurappa, who had earlier announced that Indira canteen will supply free meals to the poor and BPL card holders, on Tuesday announced that Indira Canteens will be remain closed as there is fear of spread of the coronavirus as people assemble in large number.

On Monday, he had announced that Indira Canteens would provide food free of cost for the benefit of daily wage workers and poor people in the wake of a complete lockdown.

Asked about the alternative the government would provide, he said, "Closure of canteens is needed to avoid the rush near the canteen as it may lead to problems.

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Agencies
May 1,2020

New Delhi, May 1: The Ministry of Home Affairs (MHA) on Friday issued an order under the Disaster Management Act, 2005 to further extend the lockdown for a further period of two weeks beyond May 4.

The current lockdown period is scheduled to end on May 3.

"After a comprehensive review and in view of the lockdown measures having led to significant gains, the COVID-19 situation in the country, Ministry of Home Affairs issued an order under the Disaster Management Act, 2005, today, to further extend the lockdown for a further period of two weeks beyond May 4, 2020," read the order of the Home Ministry.

In red zones and outside containment zones, certain activities including plying of cycle rickshaws and auto-rickshaws, taxis and cab aggregators, intra-district and inter-district plying of buses and barber shops, spas and salons will be prohibited in addition to those prohibited throughout India.

A limited number of activities will remain prohibited across the country, irrespective of the zone, including travel by air, rail, metro and inter-state movement by road, running of schools, colleges, and other educational and training/coaching institutions, the order said.

This came after Prime Minister Narendra Modi's meeting with chief ministers of several states last month where some of them suggested extension of lockdown.

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News Network
April 8,2020

Bengaluru, Apr 8: A 65-year-old man from Kalaburagi district became the fifth COVID-19 fatality in Karnataka, where six new positive cases were confirmed, pushing the tally in the state to 181, the health department said on Wednesday.

The man with Severe Acute Respiratory Infection (SARI), died at a designated hospital in Kalaburagi on Tuesday, a day after being shifted from a private hospital where he was initially treated for two days.

"On April 4, he had got admitted to a private hospital, on April 6 he was shifted to ESI hospital, where he passed away," Primary and Secondary Education Minister Suresh Kumar told reporters here.

The private hospital had been locked and its entire medical team quarantined, he said, adding a notice had been served on it for act of "criminal negligence" (by not referring the patient to designated hospital) and will be followed with a police case.

"He was suffering from SARI, on collecting his sample, tests have revealed that he was positive....investigation is on to find how he got infected," the Minister said.

Noting that the hospital in this case did not refer the patient to the designated hospital and kept treating him for two days, he appealed to all private healthcare facilities to inform authorities if anyone showed any indications for COVID-19.

"As of 5 PM on April 8, cumulatively 181 COVID-19 positive cases have been confirmed in the state, it includes 5 deaths and 28 discharges," the health department said in a bulletin.

Out of the positive cases, 71 are those who had come back from foreign countries, while remaining 110 are contacts and those who had gone to Delhi, the Minister said.

Kumar also said an expert committee comprising Narayana Health founder-chairman Dr Devi Prasad Shetty and Jayadeva Institute of Cardiovascular Sciences director Dr C N Manjunath among others, constitutedto devise an exit strategy for the lockdown, has submitted its reports with various recommendations to Chief Minister B S Yediyurappa.

The chief minister and officials were examining it which was likely to come up before the cabinet meeting on Thursday after which the details will be shared, he added.

The health department said the six fresh cases reported on Wednesday included the elderly man from Kalaburagi who died.

Among the positive cases are a woman from Uttara Kannada with history of SARI and contact of a Dubai returnee, a 72- year-old woman from Kalaburagi, who is mother of a patient that tested positive for the disease; a man from Mandya with contact to two patients.

Others include a man from Chikkaballapura with travel history to Delhi and a woman from Bengaluru also with a travel history to the national capital.

Contact tracing is in progress for all the cases, the bulletin added.

The department said out of 148 active cases in the state, 146 COVID-19 positive patients (including 1 pregnant woman) are in isolation at designated hospitals are stable and two in ICU (one each on oxygen and ventilators).

It said out of total 181 cases in the state, six are transit passengers of Kerala.

Bengaluru accounted for the highest in the state with 63 cases, followed by Mysuru (35), Dakshina Kannada (12) Bidar (ten), Uttara Kannada and Kalaburagi (9 each), Chikkaballapur (8) Belagavi (7), Ballari (6), Bagalkote (5), Mandya (4) Davangere, Bengaluru Rural and Udupi (three each), and Kodagu, Tumakuru, Gadag and Dharwad one each.

Those discharged include 16 from Bengaluru, four from Dakshina Kannada, two each from Uttara Kannada, Kalaburagi and Davangere, and one from Bengaluru Rural; while among those dead are two from Kalaburgari and one each are reported from Bengaluru, Bagalkote and Tumakuru.

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