SUMMERY

MANU SOLANKI & 8 ORS  V/S VINAYAKA MISSION UNIVERSITY&24 OTHERS

 

 CONSUMER CASE NO. 261 OF 2012 &OTHER CASES

 

(Note –The above order is under challenge before the Supreme Court ,admitted and notice issued )

 

Legal points –

1.      Who can be a complainant in education matters

So far as per the Apex courts judgments there are two sets of cases decided on education –firstly education is service with confirming judgment in the matter of Usmania  Islamia Academy Of Education V State Of Karnataka AIR 2003 Supreme Court 3724, Writ Petition (C) No. 350 Of 1993 decision on 14.08.2003 by  three judges’s bench which was further confirmed by the judgment in case of Bhupesh Khurana v Budha Dental College & hospital in the year 2004 wherein student considered consumer. Another set of cases was following Bihar School Examination Board case decided in the year 2009 and further confirmed by the same Supreme court in the matter of Maharishi Dayan and University v/s Surjeet Kour case decided in the year 2010 wherein  student is not a consumer against examination board or against Universities.

This principal is maintained in this case also

2.      Whether incidental activities associated with educational institutes such as swimming ,sports etc are covered under education

National Commission held in number of cases with such facts that incidental activities like transportation ,swimmimg are not part of education hence are out of the purview of Consumer Protection Act

3.      Whether skill development courses/vocational studies  are covered under education

Skill development activities or trainings are not regulated by a Regulatory Authority and also confer a Degree/Diploma on the student who has passed in the examinations conducted as per the Rules and norms specified in the statute, Hence such activities are also not a subject of consumer commissions

 

4.      Whether post education after completion, or pre admission, institute renders services.

It is held by National Commission that the student when does not aquire the status of student i.e. prior to admission is not a consumer and after he passes out the course and is no more a student ,then also not a consumer

5.      Whether coaching centre render education

‘Coaching Centres cannot be equated to regular schools or colleges which are regulated by a Regulatory Authority and also confer a Degree/Diploma on the student who has passed in the examinations conducted as per the Rules and norms specified in the statute’

The above case referred to larger bench for adjudicating

 

6.      What is the definition of educational institute

 

P.A. Inamdar & Ors. Vs. State of Maharashtra & Ors., (2005) 6 SCC 537, while dealing with admissions, students, fees and quota seats of professional unaided Educational Institutions, defined ‘Education’ as follows:

 

"the systematic instruction, schooling or training given to the young in preparation

for the work of life. It also connotes the whole course of scholastic instruction

which a person has receive. …. What education connotes….. is the process of

training and developing the knowledge, skill, mind and character of students by

formal schooling."

 

 

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