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
July 18,2020

Mangaluru, July 18: The Dakshina Kannada district administration is likely to earmark a common burial ground in the wake of growing resistance from residents of various localities in Mangaluru against burial of Covid-19 victims in their vicinity.

Recently, following protests by residents on Bolar, the body of a Covid-19 victim remained in the ambulance for hours together. The residents refused to allow the victim to be laid to rest at a burial ground attached to a mosque. The victim, who had been a resident of Idya in Surathkal, was subsequently laid to rest after DC’s intervention.

In a bid to avoid such instances in the future, the district administration has identified a burial ground on the outskirts of Mangaluru. 

Former minister and incumbent Mangaluru MLA UT Khader said that he had discussed the problem at length with the officials of the Dakshina Kannada district administration, and had suggested they look for a relatively isolated space on the outskirts of Mangaluru city in order to avoid confrontation with the public.

“A parcel of land at Badaga Yekkuru, some 20km from the city has been identified as being suitable for the burial ground, but the district administration is yet to take a final decision,” Khader said.

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coastaldigest.com news network
May 18,2020

Udupi, May 18: G Jagadeesh, Deputy Commissioner of Udupi today warned that criminal cases would be filed, if people under quarantine roam around, as they put the lives of others in risk, by coming out.

He said: "There are more than 6,000 people under quarantine in hotels, hostels, schools etc in different parts of the district. They include those who returned from other countries and other states.”

“We have allowed them to return to the district. Now I am receiving complaints that many of them are violating quarantine guidelines and venturing out. This is unacceptable.”

“As it is a risk to the whole society, severe action will be taken against the neglect and apathy of the persons under quarantine,” he said.

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coastaldigest.com news network
July 1,2020

Bengaluru, Jul 1: Eighteen private hospitals here have been slapped with a show-cause notice after a 52-year old patient with influenza-like illness symptoms died here on being allegedly denied admission by them citing "non- availability" of beds. 

Health Minister B Sriramulu on Wednesdy said refusal to provide treatment was not only inhuman but also illegal as he tagged a copy of the notice in a tweet. 

"Notice has been served to the hospitals taking cognisance of the (media) reports about the denial of admission to a patient in emergency. Denying medical assistance during emergency is not only inhuman but also illegal," he tweeted. According to a report, the son and nephew of the patient took him to the 18 hospitals on Saturday and Sunday but he was not admitted on the pretext of non-availability of beds or ventilators. 

The man died later. The Commissioner of Health and Family Welfare issued the show-cause notice to the top authorities of the hospitals under the Karnataka Private Medical Establishment (KPME) Act, 2007. 

"By denying admission to the patient, your hospitals have violated the provisions of the KPME Act. You are liable for legal action," the notice said, seeking replies within 24 hours as to why action should not be against the hospitals. 

This was a "clear violation" of providing medical assistance and admission necessitated under the agreed provision of the KPME registration. Private medical establishments cannot refuse or avoid treatment to patients suffering from COVID-19 or having symptoms, the common notice added. 

The incident comes in the backdop of repeated instructions by the government that hospitals cannot deny admission to the patients suffering from coronavirus or having symptoms.

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