Dislaimer

The postings on this blog have been prepared by Sarthak Advocates & Solicitors. Unless otherwise indicated, the blog posts are intended to be informative summaries or the opinions of the author concerned. These postings should not be considered as substitutes for considered legal advice. If you have any comments, suggestions or clarifications, please do get in touch with us at knowledge@sarthaklaw.com.

Wednesday, October 23, 2013

Education Alert – March- April 2013

Education Alert – March- April 2013


  1. Supreme Court Cases 
1.    Ayurved Shastra Seva Mandal and Anr. v. Union of India and Ors., decided on March 06, 2013.
Facts:
The petitioners had filed the Special Leave Petitions (“SLPs”) against the refusal by the Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (“AYUSH”), to grant permission to colleges to admit students for the academic year 2011-12, for the BAMS/ Post Graduate courses. The Bomabay High court had upheld such refusal. The respondents contended that various regulations were laid down to ensure minimum standards in medical colleges. It was further contended that the petitioner colleges were granted time to fulfill those standards but, many colleges did not conform to them. The petitioners argued that various courts had granted them permission to accept application forms for the Academic year 2011-12 but were directed not to admit any students till the decision of the Supreme Court. As half of the academic year had already passed, the colleges proposed that if need arose then they would conduct special classes to bring the first year students to the level of second year students. It was prayed that the petitioners be granted permission to admit students for the academic year 20111-12.
Ruling and Order:
The Supreme Court held that the proposal of the colleges to allow students to attend extra classes to supplement the first year course was impractical. The Court observed that a student would not be able to complete an entire year’s course in just six months.
The Court refused to interfere with the decision of AYUSH of refusing to grant permission to the colleges to admit students for the academic year 2011-12. The Court stated that they are experts and are the best judge to decide whether the colleges had minimum standards to conduct classes in respect of the year 2011-12. The Court, thus, dismissed the SLPs.

2.  Association of Management of Private Colleges v. All India Council of Technical Education and Ors., decided on April 25, 2013
           Facts:
       The appellant member colleges,    affiliated to the Bharathidasan University and Manonmaniam Sundaranar University, are running university approved courses including MBA and MCA. On March 03, 2001, a communication was sent by the All India Council of Technical Education (“AICTE”) to the member colleges in respect of its proposal to commence MCA course requiring the colleges to furnish information regarding the proposed land and building. On March 14, 2001, a writ petition was filed by the appellant's association (“Association”) to prohibit the AICTE from in any way exercising its jurisdiction over its member colleges with reference to the MBA and MCA courses conducted by them. The said writ petition was dismissed by the single judge holding that the All India Council of Technical Education Act, 1987 (“AICTE Act”) and Regulations are enforceable against the said member colleges. The Association then filed a writ appeal against the decision. The same was dismissed by the division bench upholding the judgment of the single judge. The appellants contended that colleges affiliated to a university need not take permission from the AICTE to run any technical courses. The respondent contended that as per the amended regulation dated August 16, 2000, colleges intending to run MBA and MCA courses are required to seek AICTE’s approval. The appellants argued that MCA course does not fall within the definition of Technical Education as contained in Section 2 (g) of the AICTE Act. Moreover, since the amended regulation has not been placed before the Houses of Parliament for approval, which AICTE is mandated to do under Section24 of the AICTE Act, they cannot be enforced.
Ruling and Order:
           The Supreme Court, while referring to its earlier judgement in the case of Bharathidasan University v. All India Council for Technical Education[1], held that colleges affiliated to a university are not obliged to take separate permission from the All-India Council for Technical Education to conduct MBA/MCA courses. The role of AICTE vis-à-vis universities is only advisory, recommendatory and one of providing guidance and it has no authority to issue or enforce any sanction by itself.
         The Court also held that a university does not fall within definition of 'technical institution' as defined under Section 2(h) of the AICTE Act. The Institution means an institution not being a university, the applicability of bringing the university as defined under Clause 2 (f) of UGC Act includes the institution deemed to be a university under Section 3 of the UGC Act and therefore the affiliated colleges are excluded from the purview of technical institution definition of the AICTE Act.
           The Court further held that MCA was ‘technical education’ but made it clear that for proper conduct of the course and regulation, the role of AICTE must be advisory and a note should be given to the UGC for implementation. However, it was held MBA was not a technical course and AICTE approval was not required for conducting it.
           The Court observed that the position of law is well settled that if the statute prescribes a particular procedure to do an act in a particular way, that act must be done in that manner. The Court held that the regulations made by AICTE were vitiated in law as the said amended regulations were not placed before both Houses of the Parliament as required under Section 24 of the AICTE Act.

  1. High Court Cases
  1. Mr Rahul Chadha and Ors. v. Summer Field School and Ors., decided on April 10, 2013 by the High Court of Delhi.
            Facts:

The respondent school, governed by the Delhi School Education Rules, 1973 (“Rules”), was charging fees in advance from the students on a quarterly basis. The appellants contended that as per Rule 165 of Part B of Chapter XIII of the Rules all fees and contributions payable to a school by a student shall be payable by the 10th day of the month in which they are due. So, the school cannot charge advance fees for more than one month at one point of time. The respondent relied on a circular issued by the Directorate of Education which mentions advance quarterly collection of fees from the students.

Ruling and Order:
The Court held that Rule 165 is statutory in character and hence it is not possible for Directorate of Education to issue circulars in violation of these rules whereby fees can be allowed to be charged by a school otherwise than every month. The Court allowed the appeal and directed the respondent school to collect the fees on a monthly basis.         

  1. Consumer Cases
  1.  B.S. Anangpuria Institute of Technology & Management and Ors v. Yagya Dutt, decided on March 07, 2013 by the National Consumer Disputes Redressal Commission, Delhi.
            Facts:

           The respondent/complainant had taken admission in the college of opposite party (“OP”) by paying an amount of Rs. 55,640. Five (5) days after the last cut off date for admission, the respondent opted out of the course and the OP refunded him an amount of Rs. 20,640. The District Consumer Disputes Redressal Forum (“District Forum”), on the complaint of the respondent for refund of the balance amount, directed the OP to repay the balance amount after deducting 25% of the total amount of admission fees. On appeal, the State Consumer Disputes Redressal Commission (“State Commission”) upheld the decision of the District Forum. The State Commission noted that the OP did not produce on record any document to show that after withdrawal of the admission by the complainant, his seat had remained vacant.
           
            Ruling and Order:

The National Consumer Disputes Redressal Commission (“National Commission”) held that the observation made by the State Commission is not in consonance with the stand taken by OP in its response filed in the District Commission about the vacancy of the seat. The National Commission remanded the case back to the State Commission for fresh consideration.

  1. Birla Institute of Technology and Science, Pilani v. Abhishek Mangi, decided on April 23, 2013 by the National Consumer Disputes Redressal Commission, Delhi.
             Facts:  

The respondent/complainant had deposited Rs. 55,000 as admission fees in the appellant college. After that he got admission in another college and applied for the refund of admission fees in the appellant college but received only Rs. 8,000. The appellant contended that they did not fall within the category of a service provider. They further contended that by withdrawing at a later stage, the respondent’s seat remained vacant and it caused a loss to the appellants. The District Forum and the State Consumer Disputes Redressal Commission (“State Commission”) directed the appellant to refund the fees noting that as per a public notice by the University Grants Commission (“UGC”) institutions are not entitled to retain the entire fees and if at all they can deduct some amount that is not more than Rs.1000 and the balance should be refunded. They held that forfeiting the entire fees was an unfair trade practice and that there was a deficiency in service on the part of the appellant institute.

Ruling and Order:

The National Consumer Disputes Redressal Commission (“National Commission”) observed that the appellants had not placed any records to show that the seat vacated by the respondent had remained vacant and was not filled up at all.

The National Commission held that there was no jurisdictional or legal error in the decisions given by the District Forum and the State Commission and hence no interference was required in the order passed by them in the exercise of powers under Section 21 (b) of the Consumer Protection Act, 1986. The National Commission dismissed the petition with cost.

3.      IIIT College of Engineering v. Vikas Sood and Ors., decided on April 02, 2013 by the National Consumer Disputes Redressal Commission, Delhi.

            Facts:

            It was alleged by the complainants that there was misrepresentation on part of the opposite party by stating in their prospectus that the college was affiliated with the H.P. University and was also approved by the All India Council of Technical Education (“AICTE”). The complainants alleged deficiency in service and claimed damages and cost of litigation. It was contended by the opposite parties that the college was recognised by AICTE but the H.P. University refused to conduct examinations for the Information Technology Course and that the opposite parties had moved the Delhi High Court for relief. Moreover, the opposite parties claimed that the students were duly informed of the situation. The District Forum and the State Consumer Disputes Redressal Commission (“State Commission”) held that there was a deficiency in service on the part of the opposite parties and directed them to refund the fees along with damages and litigation costs. The District Forum and the State Commission found that the opposite party college was granted only provisional affiliation and the same was subject to change. It was further held that the stand of the opposite parties that they had duly informed the students seeking admission with regard to the case pending before the Delhi High Court and the affiliation and approval of the HP University and AICTE, Delhi was false. A revision petition before the National Consumer Disputes Redressal Commission (“National Commission”) was then filed by the opposite parties.

            Ruling and Order:

        The National Commission held that was nothing on record to show that the degree course    in Information Technology for the session 2000-2001, was at all recognized by AICTE. It was further held that no jurisdictional or legal error had been committed by the fora below and their decisions were concurrent and hence there was no scope of reviewing the decisions.
           
            The National Commission dismissed the petition with costs.

  1. Director, Dehradun Institute of Technology v. Arun Kumar, decided on March 18, 2013 by the State Consumer Disputes Redressal Commission, Uttarakhand.
            Facts:
           
The respondent/complainant took admission in the appellant’s/Opposite Party’s (“OP”) college in B.Tech (IT) by depositing an admission fees of Rs. 1,20,300. After attending 6 classes, he applied for cancellation of his admission and refund of the fees paid. While his admission was cancelled, the OP refused to refund the admission fees. The respondent then approached the Uttarakhand Technical University, Dehradun and the Additional Secretary of the Govt. of Uttarakhand, Dehradun, who directed the OP to refund the fees as per the rules and regulations of the All India Council for Technical Education (“AICTE”). However, the fees paid by respondent was not refunded to him. The complainant then approached the District Consumer Disputes Redressal Forum (“District Forum”) which directed the OP to refund the entire admission fees along with Rs. 10,000 towards mental agony and another Rs. 10,000 towards litigation expenses.

            Ruling and Order:

The State Consumer Disputes Redressal Commission (“State Commission”) held that non-refund of admission fee after a student discontinues with the course, amounts to commercialization of education. The State Commission also observed that the OP had not adduced any evidence to show that due to the cancellation of admission by the complainant, his seat had remained vacant and that the OP suffered a monetary loss as a consequence.

The State Commission upheld the decision of the District forum but it did away with the amount awarded towards mental agony of the consumer and lowered the award for litigation expenses to Rs. 5,000.

5.      Directorate, College of Business Studies, H.P. University, Shimla v. Shashank Acharya, decided on April 02, 2013 by the State Consumer Disputes Redressal Commission.

            Facts:

      The complainant/ respondent took admission  against non-subsidized  seats in the  opposite party/appellant’s college after the admission date was over by making a special request and by paying a sum of Rs. 65,000 as admission fees. After attending college for a few days, the respondent took admission in another college and hence asked for the refund of the admission fees from the appellant college. The appellants argued that nothing was refundable to the respondent/complainant because he had vacated the seat after having attended the classes for ten days and also after the last date of admission was over. The District Forum directed the appellant to refund the money. The opposite party then appealed to the State Consumer Disputes Redressal Commission (“State Commission”).

            Ruling and Order:

           The State Commission held that the complainant was the only student to take admission against the non-subsidized seats in the appellant college. Hence there was no question of any loss occurring to them on account of non-subsidized seats remaining vacant. It was further held that the appellant cannot unduly itself by withholding the entire amount of fee deposited by the respondent/complainant.

            The State Commission took into account the fact that the complainant had attended classes for a few days and directed the appellant to refund a sum of Rs. 60,000.


6.      Don Bosco School v. Minor R. Ramya represented by his father R.G. Ravi, decided on April 29, 2013 by the State Consumer Disputes Redressal Commission, Chennai.
           
            Facts:

          The complainant alleged that his two children studying in the school of the opposite party were harassed by the teaching staff by inflicting severe punishment. An enquiry was conducted in the presence of an advocate appointed by the Legal Aid. A compromise was entered into between the complainant and the school authorities, and the dispute was solved. However, as per the terms of the compromise, they had agreed to admit minor Ramya into school. The school refused to give admission to Jegan, the second child in question. Further, even in so far as the child Ramya was concerned, after allowing her to attend the school, the appellant rusticated her and refused to give the Transfer Certificate. The District Forum, after considering the rival contentions, came to the conclusion that there is deficiency in service on the part of the opposite party, and allowed the complaint directing the opposite parties to pay Rs. 50,000 as compensation and Rs.2,000 as cost. The opposite party then appealed in the State Consumer Disputes Redressal Commission (“State Commission”).

            Ruling and Order:

            The State Commission held that only on the orders issued by the District Forum, the Transfer Certificate of the first child was given to the complainant. However it was observed that in the letter sent by the complainant to the Legal Service Authorities, it had been specifically stated that the son of the complainant was not at all admitted and sought for the intervention of the legal service authority for such admission. Therefore the allegation of the complainant that the opposite party failed to admit the second child after receipt of fees could not be accepted and the observation made by the District Forum, with regard to the complainant’s second child was set aside.

            However the State Commission held that the allegation of the complainant regarding his first child was substantiated and hence the appeal was allowed partly. The opposite party was directed to pay a reduced compensation of Rs. 25,000.

7.      The Dean, Guru Nanak Institute of Hotel Management, Kolkata v. Shuvam Chanda, decided on April 12, 2013 by the State Consumer Disputes Redressal Commission, Kolkata.

            Facts:

            The complainant had taken admission in the opposite party college by paying an admission fee of Rs. 10,000. He was led to believe that the opposite party would help him to get a loan from the bank. The complainant also found that the opposite party had misrepresented regarding the other facilities to be provided by it. As a result, the complainant cancelled his admission and requested for the refund of the fees paid but was turned down. The opposite party contended that no such promises were made and the cancellation of the admission had caused a monetary loss to it. The District Forum directed the opposite party to refund the fees paid by the complainant. The opposite party appealed against the decision of the District Forum in the State Consumer Disputes Redressal Commission (“State Commission”).

            Ruling and Order:

            The State Commission held that the opposite party had produced no evidence to show that because of the cancellation of admission of the complainant, the seat had remained vacant throughout the academic year. It was also held that the complainant was misled by the opposite party regarding their tie-ups with banks for availing of loan facility as mentioned in their prospectus.

            The State Commission dismissed the appeal and upheld the decision of the District Forum.

8.      Gujranwala Guru Nanak Institute of Management & Technology, Ludhiana v. Gagandeep Singh, decided on March 25, 2013 by the State Consumer Disputes Redressal Commission.

            Facts:

            The complainant had taken admission in the opposite party college in the BBA course by paying Rs. 5,000 as admission fee and Rs. 8,000 as tuition fee. He alleged that due to the fault of the college authorities he was unable to sit for the first semester examinations as they had misplaced his examination form. The opposite party contended that the complainant did not fulfil the minimum attendance required to be eligible for giving the examination. The District Forum decided that there was no deficiency in service by the opposite party but directed the opposite party to refund Rs. 3,000 to the complainant which was calculated by the forum to be the examination fee collected from the complainant by the opposite party. The opposite party appealed against this direction of the District Forum in the State Consumer Disputes Redressal Commission (“State Commission”).

            Ruling and Order:

            The State Commission upheld the decision of the District Forum as far as the findings about the attendance issues of the complainant were concerned. However, the State Commission held that the amount of Rs.8,000 was deposited as tuition and Rs.5,000 as admission fee and that no examination fee was charged from the complainant. The State Commission allowed the appeal and reversed the order of the district Forum.       


  1. NEWS
  1. Legal studies to be offered by CBSE in Class XI and XII
The CBSE has introduced legal studies elective for senior secondary classes which will deal with the theory and nature of political institutions, nature and sources of law, historical evolution of the country's legal system, civil and criminal courts and processes, and the family justice system. The course will start in the academic year 2013-14 with 20 schools offering it on a first-come-first-served basis. The idea is to provide an introductory course for those interested in law and to create a society well aware of its basic rights, duties, obligations and limitations so as to actualize ‘ignorance of law is no excuse’.
  1. New cut-off based system for SC/ST seats
A nine-member committee constituted to prepare the admission policies for the four-year-undergraduate degree scheme of the Delhi University and its time-table has recommended a cut-off based admissions for SC/ ST candidates. The new cut-off-based admissions for SC/ ST candidates will enable them to exercise their right to choose their own college and courses in contrast to the earlier centralized system whereby they were issued slips stating the name of the college and the course given to them.
  1. UGC expert panel to revisit regulations for private varsities
An expert committee has been formed to regulate the quality of the booming sector of private industries by revisiting clauses in the UGC (Establishment of and Maintenance of Standards in Private Universities) Regulations, 2003. A system has been established whereby universities will have to furnish their information on their and UGC website within 10 days so as to attract objections from the stakeholders within next thirty days. This information would then be inspected by an expert group within ninety days of publishing, after which the report is submitted to the varsities, to give their observations within ten days and then it is finally placed before the commission. Reformative measures like introducing semester system for all undergraduate and postgraduate courses, choice-based credit system, grading system instead of the present numerical one, organizing capacity development programme for teachers, have been undertaken.
  1. Private schools fall under RTI
The Delhi High Court upheld an order asking schools to display information on total number of seats in a school, total vacancies in all classes, total seats under Economically Weaker Section (EWS) quota, seats available under the quota, total applications received under the quota, information about when EWS quota applications will be received and date on which the admissions will take place. Thus, the private unaided schools in the capital will be covered under the RTI Act. It shall be the duty of Directorate Of Education to ensure compliance with the court's directions. It should be noted that the Court exempted them from making public budget estimates of receipts, payments of the ensuing year, final accounts and the statement showing disbursement of salaries.
  1. No Attendance, No Exam
The Karnataka High Court has dismissed the plea of a student for allowance to appear for the supplementary exams if the attendance requirement is met through special classes when the same in the normal course has not been met due to his health complications including deficiency of growth hormones which caused his late admission. But, the court distinguished the case from earlier precedents as raised by the counsel wherein students with shortage of attendance were allowed special classes to make up for their shortage for it was not practical to conduct special classes for him as he had attended only 26 per cent of the classes.

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Disclamer

This newsletter is being provided to the recipient solely for the purpose of his/her/its information. It is meant to be merely an informative summary and should not be treated as a substitute for considered legal advice. This update covers significant legal developments in the field of higher and school education in India during the months of March and April, 2013, including judgments, laws and notifications issued by courts and the regulatory bodies, as applicable. If you wish to receive more information about any content of this newsletter, please feel free to contact:


Sarthak Advocates & Solicitors
A – 35, Sector – 2, NOIDA 201 301
T: +91 120 430 9050
E: mani.gupta@sarthaklaw.com



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