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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Press Release
January 2,2020

Mangaluru, Jan 2: Shwetha Rasquinha, Assistant Professor and Head of the Department of Social Work, St Aloysius College, Mangaluru, has been awarded Doctor of Philosophy (PhD) degree by the Mangalore University for her thesis titled “Effectiveness of Social work intervention on caretakers of cancer patients- A social work study in Mangalore”.

She did her studies under the guidance of Dr Rameela Shekhar, Professor (Rtd), School of Social work, Roshni Nilaya, Mangaluru.

Ms Shwetha Rasquinha hails from Vittal, D/o Vincent Rasquinha and Late Regina Rasquinha, and is the second person to complete doctoral studies from the Vittal Parish.

Her colleagues and well-wishers have congratulated her for her highest achievement in academics and successful completion of quality research.

Comments

Charles Menezes
 - 
Friday, 3 Jan 2020

Hearty congratulations for your achievements. God bless your mission

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Agencies
January 19,2020

New Delhi, Jan 19: Senior Congress leader Kapil Sibal on Sunday asserted that every state assembly has the constitutional right to pass a resolution and seek the amended Citizenship Act's withdrawal, but if the law is declared constitutional by the Supreme Court then it will be problematic to oppose it.

His remarks came a day after he had said there is no way a state can deny the implementation of the Citizenship Amendment Act (CAA) when it is already passed by the Parliament.

"I believe the CAA is unconstitutional. Every State Assembly has the constitutional right to pass a resolution and seek its withdrawal. When and if the law is declared to be constitutional by the Supreme Court then it will be problematic to oppose it. The fight must go on!" Sibal said in a tweet.

His remarks on the CAA at the Kerala Literature Festival (KLF) on Saturday had caused a flutter as several non-BJP governments, including Kerala, Rajasthan, Madhya Pradesh, West Bengal and Maharashtra, have voiced their disagreement with the CAA as well as National Register of Citizens (NRC) and National Population Register (NPR).

"If the CAA is passed no state can say 'I will not implement it'. It is not possible and is unconstitutional. You can oppose it, you can pass a resolution in the Assembly and ask the central government to withdraw it.

"But constitutionally saying that I won't implement, it is going to be problematic and going to create more difficulties," said the former minister of law and justice.

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Agencies
March 1,2020

Kochi, Mar 1:Adheringto a policy of "zero tolerance" towards clergy who sexually exploit minors, Pope Francis has expelled a Kerala priestconvicted of rape from all priestly duties and rights, according to church officials.

Syro-Malabar Church priest Robin Vadakkumchery is currently serving a jail term for impregnating a 16-year-old girl in Mananthavady diocese.

"Vadakkumchery has been dispensed from the exercise of priestly duties and rights. That means he has been reduced to the state of a layman", a Church official told PTI.

He was suspended from priestly duties soon after the news about his crime was reported in early 2017.

A POCSO court in Thalassery last year had sentenced Vadakkumchery to 20 years of Rigorous Imprisonment and slapped a fine of Rs three lakh on him.

The priest, 50, was the vicar of the local church in Kottiyur in Kannur district and manager at the school where the victim was studying.

He was arrested two years ago while trying to flee to Canada.

The Vatican's action came two years after Pope Francis made it clear that all bishops should adhere to a policy of "zero tolerance" for clergy who sexually exploit children.

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