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
May 15,2020

Belthangady, May 15: Carcases of more than 50 monkeys were found at Bandaru gram panchayat in the taluka here on Friday.

The carcasses were found on the Kundalapalke-Padmunja road in Bandar village. Locals had seen the monkeys’ carcasses night of Thursday and informed authorities about it.

Kaniyuru Health Centre’s medical assistant Swatantra Rao and Ujire health Centre’s Medical Officer, Forest Department staff, veterinarians and local Panchayat officials visited the spot.

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Agencies
February 4,2020

Lucknow, Feb 4: Even as anti-NRC protests continue to rage across the country, the Lucknow University has queered the pitch by demanding citizenship proof from RTI applicants.

The Lucknow University (LU) refused to provide the information sought by the people who filed the Right to Information (RTI) unless they furnished the proof that they were Indian citizens.

Alok Chantia, one of the RTI applicants who was refused information by the varsity, said that he had lodged a complaint with the vice-chancellor of the varsity but even then he could not get the desired information.

"It is shocking how the university has twisted the RTI law as per its whims and fancy. It does not have any authority to do so," said the RTI applicant.

Chantia, also a faculty member at a degree college here, had sought details of appointment of teachers for self-financed courses and their pay scale.

"It is possible that some applicants who may not be familiar with the provisions of the RTI, may have furnished proof of their citizenship to the varsity to get the information but that cannot become a rule," he pointed out.

When contacted, university officials admitted that such a practice had been going on in the varsity for the past few years.

"This practice started during the tenure of the former vice-chancellor S.P. Singh and still continues," said a senior varsity official.

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News Network
February 21,2020

Thiruvanthapuram, Feb 21: Rape-accused Bishop Franco Mulakkal has been accused of sexual abuse by another nun. Police sources say that there is at least one more nun who has given a statement of sexual assault against the bishop.

This nun is a witness in the rape case registered against Franco Mulakkal. She is the 14th witness in the case and in her statement, she said that the bishop made sexually-colored and lewd remarks to her over the phone.

As per the nun, they were in communication via phone calls, chat and video calls for a period of two years from 2015 to 2017.

In the statement, the nun said that she kept quiet as she was scared of the bishop.

In her witness statement in September 2018, she said that in 2017, the bishop visited the convent she was in and hugged and kissed her.

Police say that the witness was not ready to file a complaint against the bishop. They had alerted the police in the jurisdiction and when the team met her, she refused to file a complaint. Hence a separate case wasn't registered against Bishop Franco

The first nun of Missionaries of Jesus had accused Franco of raping her multiple times at the Kuruvilangadu convent in Kottayam. The FIR in the case was registered in June 2018.

Then after protests, Franco was arrested on September 21, 2018.

The chargesheet in the case was submitted in April 2019. In the chargesheet, Bishop Franco Mullackal has been charged under various sections of the IPC: 342 (wrongful confinement), 376 (2k) (rape on a woman incapable of giving consent), 376 (2n) (causing grievous bodily harm during rape), 376 (c) (a) 377 (unnatural offence) and 506 (1) (criminal intimidation).

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