Top court to decide on application of consumer law for edu institutions

Top court to decide on application of consumer law for edu institutions

TIMES NEWS NETWORK

New Delhi:23.10.2020

Do educational institutions come within the purview of consumer protection law so that proceedings could be initiated against them by students or parents for deficiency in services? The Supreme Court has decided to adjudicate on the issue in view of contradictions in its earlier decisions.

Agreeing to hear a plea filed by a group of nine medical students seeking to proceed against Vinayaka Mission University in Tamil Nadu, a bench of Justices D Y Chandrachud, Indu Malhotra and Indira Banerjee said that point of law on the issue of application of consumer law for educational institutions has to be decided as there were divergence in the views taken by earlier benches of the court.

While admitting the petition filed by the students, the bench sought response from the University which agreed to file reply on the plea within six weeks. “Since there are divergent views of this court bearing on the subject as to whether an educational institution or University would be subject to the provisions of the Consumer Protection Act 1986, the appeal would require admission,” the bench said in its brief order.

The students approached the apex court after their petition against the university under the consumer law was dismissed by National Consumer Disputes Redressal Commission (NCDRC). Rejecting the students’ plea, the commission said, “We are of the considered opinion that the institutions rendering education, including vocational courses and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, picnics, extra co-curricular activities, swimming, sport, etc. except coaching institutions, will, therefore, not be covered under the provisions of the Consumer Protection Act, 1986.”

The students had filed complaint against the university for deficiency in services and sought compensation of ₹1.4 crore each. They alleged that they took admission in the university in the offshore programme after they were told that the medical degree would be recognised by the Medical Council of India.

POINT OF LAW: SC agrees to hear a plea filed by a group of nine medical students seeking to proceed against Vinayaka Mission University in Tamil Nadu

Docs at govt hospital remove stick from patient’s brain

Bosco.Dominique@timesgroup.com

Villupuram:23.10.2020

A team of surgeons led by neurosurgeon P Pallavan from the Government Villupuram medical college hospital (GVMCH) successfully removed a wooden stick, which had pierced through the left temple of a 42-yearold man and entered his skull when he had an accidental fall from his bike.

S Kumar, a farmer from Mazhavanthangal village, Gingee taluk in Villupuram district fell from his bike while returning from the field on October 7. He was admitted to GVMCH at 10am on the same day. GVMCH dean R Kundavi Devi convened a meeting with the surgeons and specialists to discuss how to remove the wooden foreign body, 7cm in length and 4cm in girth, from the patient’s head.

The experts decided to perform the surgery in two stages.

The first stage involved removing the part of the wooden body (extracranial part) protruding outside the head. The second stage involves cutting the skull in round shapes and removing the remaining wood inside the head (intracranial part).

A team of surgeons led by Pallavan performed the first stage of the surgery and then waited for three days for the patient to stabilise before performing the second stage of the surgery through ‘ring craniotomy’ procedure. The second stage of the surgery lasted for five hours from 6pm to11pm on October 10.

“The patient is recovering well post-surgery. It is a complicated surgery, which needs multi-disciplinary approach. The surgery may cost between Rs10 lakh and Rs15 lakh in a private hospital. GVMCH performed the surgery free of cost under Tamil Nadu chief minister’s comprehensive health insurance scheme,” said Pallavan.

Surgeons removed the wooden stick 7cm in length and 4cm in girth, from the patient’s head in two stages. The second stage of the surgery lasted five hours

Guv seeks time to decide on NEET, Stalin to protest

Guv seeks time to decide on NEET, Stalin to protest

TIMES NEWS NETWORK

Chennai:23.10.2020

Governor Banwarilal Purohit onThursday said he would need at least three or four weeks' time to arrive at a decision on NEET quota bill that provides 7.5% horizontal reservation to the students of government schools to get admission into medical institutes.

The governor was responding to DMK chief M K Stalin, who had written a letter to him on Wednesday, urging him to immediately give assent to the bill. “I would like to inform that I am seized of the matter and getting it examined from all angles. I need at least 3 to4weekstimeto arrive at a decision. The same has also been informed to the delegation of ministerswhocalled on me recently,” Purohit said in his letter, a copy of which was released by the DMK.

In a statement, Stalin said the delay to take a decision was nothing but dilution of the bill and against the welfare of poor students of government schools. It had become inevitable to resort to agitation against the government’s "non-cooperation and indifference". “The DMK will hold a massive agitation on Saturday at 10am in front of Raj Bhavan, urging the governor to give assent to the bill immediately and against the state government for failing to exert political pressure on the governor,” Stalin said.

Quoting the letter, the DMKchief allegedthe ministerial delegation, which had spoken to the media after meeting the governor last week, had deliberately hidden the fact that the governor was seeking time to take a call. “There are also reports of the governor telling the ministers to implement 10% quota for economically weaker sections, and he would give assent to the 7.5% NEET quota bill,” Stalin said.

Recalling his readiness to jointly protest with the AIADMK to get the assent, Stalin said the CM lacked courage to protest against the governor.

MBBS intake for all India quota seats to start on October 27

MBBS intake for all India quota seats to start on October 27

Pushpa.Narayan@timesgroup.com

Chennai:23.10.2020

Admissions for MBBS seats under all India quota in central institutions and deemed universities will begin on October 27.

The schedule released by the medical counselling committee (MCC) says registration for first round will end on November 2. Students can lock choices between October 28 and November 2, results for the first round published on November 5 and those allotted seats given till November 12 to join.

In the second round, participants will be given five days to register from November 18, and can lock choices before November 22. Results will be published on November 25 and vacant seats transferred to state universities on December 3. Registration for mop-up round to central and deemed universities, ESIC, AIIMS and Jipmer will begin on December 10 and allotment will be on December 17. Vacant seats will be transferred between December 28 and 31.

To keep non-serious students away, a non-refundable registration fee and refundable security deposit will be collected from all. They will have to forfeit the refundable deposit of up to ₹2 lakh if they don’t join colleges allotted after the second and mop-up rounds.

Those registering for deemed universities will have to pay the non-refundable registration fee of ₹5,000 and a refundable security amount of ₹2 lakh. For (15% All India Quota)/Central Universities (DU, AMU, BHU and Jamia Millia Islamia,Delhi)/AFMS & ESI, a nonrefundable registration fee of ₹1,000/ for UR candidates, ₹500 for SC/ST/OBC/PH candidates and a refundable security amount for ₹10,000 for UR candidates and ₹5,000 for SC/ST/OBC/PH will be collected.

Single-window counselling will be held for central universities, AIIMS, Jipmer, ESIC and AFMC along with allotment for all India quota seats and deemed universities.

There will be three rounds of counselling for deemed and central universities including a mop-up round of DGHS followed by stray vacancy round at the institution level (list of 10 times the number of vacancies will be sent to institutes which would be exhausted strictly in terms of merit).

பொறியியல் கல்லூரிகளுக்கு இணைப்பு வழங்கவும், இணைப்பை நிறுத்தி வைக்கவும் அண்ணா பல்கலைக்கழகத்துக்கு முழு அதிகாரம் உள்ளது: உயர் நீதிமன்றம் உத்தரவு

பொறியியல் கல்லூரிகளுக்கு இணைப்பு வழங்கவும், இணைப்பை நிறுத்தி வைக்கவும் அண்ணா பல்கலைக்கழகத்துக்கு முழு அதிகாரம் உள்ளது: உயர் நீதிமன்றம் உத்தரவு

பொறியியல் கல்லூரிகளுக்கு இணைப்பு வழங்கவும், இணைப்பை நிறுத்தி வைக்கவும் அண்ணா பல்கலைக்கழகத்துக்கு முழு அதிகாரம் உள்ளது என சென்னை உயர் நீதிமன்றம் உத்தரவிட்டுள்ளது.

போதுமான வகுப்பறைகள், ஆசிரியர்கள் இல்லாததால் செங்கல்பட்டு மாவட்டம், சட்டமங்கலத்தில் உள்ள இரு தனியார் பொறியியல் கல்லூரிகளின் பல்கலைக்கழக இணைப்பை நிறுத்தி வைத்து அண்ணா பல்கலைக்கழகம் உத்தரவு பிறப்பித்தது.

இந்த உத்தரவின் அடிப்படையில், 2020-21 ஆம் கல்வியாண்டுக்கு மாணவர் சேர்க்கை நடத்த தடை விதித்து, அகில இந்திய தொழில்நுட்ப கல்வி கவுன்சில் உத்தரவு பிறப்பித்தது.

இந்த இரு உத்தரவுகளையும் எதிர்த்து, கல்லூரிகள் சார்பில் தாக்கல் செய்த வழக்குகளை விசாரித்த சென்னை உயர் நீதிமன்றம், அண்ணா பல்கலைக்கழக விதிகள், அகில இந்திய தொழில்நுட்ப கல்வி கவுன்சில் அதிகாரத்துக்கு கட்டுப்பட்டது எனக் கூறி, பல்கலைக்கழக உத்தரவை ரத்து செய்து உத்தரவிட்டது.

மேலும், இரு கல்லூரிகளுக்கும் புதிதாக நோட்டீஸ் அனுப்பி, நேரில் ஆய்வு செய்து தகுந்த உத்தரவு பிறப்பிக்கவும் உத்தரவிட்டது.

இந்த உத்தரவை எதிர்த்து, அண்ணா பல்கலைக்கழகம் சார்பில் மேல் முறையீடு செய்யப்பட்டது. இந்த மேல் முறையீட்டு மனுக்கள் தலைமை நீதிபதி ஏ.பி.சாஹி மற்றும் நீதிபதி செந்தில்குமார் ராமமூர்த்தி ஆகியோர் அடங்கிய அமர்வில் இன்று (அக். 20) விசாரணைக்கு வந்தபோது, பல்கலைக்கழக இணைப்பு மீது நடவடிக்கை எடுக்க அகில இந்திய தொழில்நுட்ப கல்வி கவுன்சிலுக்கு மட்டுமே அதிகாரம் இருப்பதாக கல்லூரிகள் தரப்பில் தெரிவிக்கப்பட்டது.

ஆனால், கல்லூரிகளுக்கு இணைப்பு வழங்கவும், இணைப்பை நிறுத்தி வைக்கவும் சட்டப்படி, அண்ணா பல்கலைக்கழகத்துக்கு அதிகாரம் இருப்பதாக நீதிபதிகள் சுட்டிக்காட்டினர்.

மேலும், அகில இந்திய தொழில்நுட்ப கல்விக் கவுன்சில் விதிகளின்படியே, தரமான கல்வியை வழங்க அண்ணா பல்கலைக்கழகம் நடவடிக்கை எடுத்துள்ளதாகக் கூறிய நீதிபதிகள், இரு கல்லூரிகளின் மனுக்கள் மீது அகில இந்திய தொழில்நுட்ப கல்விக் கவுன்சில் இறுதி உத்தரவு பிறப்பிக்கும் வரை, பல்கலைக்கழக இணைப்பு நிறுத்திவைப்பு உத்தரவை அமல்படுத்தக் கூடாது எனவும் உத்தரவிட்டனர்.

Source : www.hindutamil.in

Dailyhunt

Disclaimer: This story is auto-aggregated by a computer program and has not been created or edited by Dailyhunt. Publisher: The Hindu Kamadenu

HC cancels ‘forcible’ adoption of boy, gives custody to mother Child’s Mom Filed Habeas Corpus Petition In Jan

HC cancels ‘forcible’ adoption of boy, gives custody to mother

Child’s Mom Filed Habeas Corpus Petition In Jan

Ajay.Sura@timesgroup.com

Chandigarh:20.10.2020

The Punjab and Haryana high court has made it clear that a child who is being taken to a far off country by way of adoption needs to be protected and added that background checks by the Central Adoption Resource Authority (CARA) and its equivalent authority in the foreign country are imperative in the case of an inter-country adoption.

Deciding the ongoing battle over adoption of a minor boy to a couple based in the United States under “pressure” of his grandparents after his father’s death, the Punjab and Haryana high court directed the adoptive parents to hand over custody of the child to his natural mother.

The high court held that the adoption deed shown to be executed on December 3, 2019 is a highly suspicious document as regards its authenticity and secondly, the intention to give the child for adoption was at a time when the petitioner could not be said to be in a stable mental state due to the recent death of her husband.

As the child remained with the adoptive couple, the high court observed that the couple must have been attached with the child, thus it would be appropriate in the interest of the child if the adoptive mother hands over the child by first familiarising him with his natural mother. The process has been ordered to be completed over a period of two weeks.

The matter had reached the high court in January this year after a Chandigarh-based woman (name withheld to protect identity) filed a habeas corpus petition alleging that her minor son had been forcibly taken away from her custody through “forceful” adoption by her in-laws after her husband’s death. She said her father-in-law and mother-inlaw had called her to Patiala in September 2019 and forced her to sign some documents after which her son was given in adoption to the USA-based couple. She approached the HC after the Chandigarh police failed to take any action on her complaint.

She also claimed that her son’s adoption was illegal because the adoption ceremony had taken place in the absence of adoptive parents and the child was taken away from her by the relatives of the adoptive parents, not the adoptive parents themselves.

During the hearing of the case, advocate Anil Malhotra, who was assisting the high court as amicus curiae, had submitted a report alleging that adoption of child is illegal and void and in complete contravention of the provisions mentioned in the Hindu Adoption and Maintenance Act (HAMA). Malhotra had also submitted that no giving and taking ceremony took place between the natural mother and adoptive parents, which is also against the statutory provisions. He also submitted that since the adoption is void, the custody of the child should be restored to the mother.

Hearing all the parties, the HC has ordered that the child be restored to the mother.

INTER-COUNTRY ADOPTIONS PROVISIONS

The high court observed that inter-country adoptions must adhere to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the adoption regulations framed thereunder, with CARA being the authority that is required to go into the question of the appropriateness of any couple/person living abroad to adopt a child from India. It was of the view that the need for protection of children being taken to a foreign country becomes all the more necessary due to too many unfortunate cases of child abuse — sexual, or for the purpose of labouring in houses, in the past.

Oldest GATE examinee is 88 years, youngest 15

Oldest GATE examinee is 88 years, youngest 15

Yogita.Rao@timesgroup.com

Mumbai:20.10.2020

The Graduate Aptitude Test for Engineering (GATE) 2021could be one for the record books. Among those taking the test is an 88-year-old civil engineer, probably the oldest candidate. At the other end of the spectrum is a 15-year-old from Rajasthan, perhaps the youngest to register.

While it is not unusual to see senior citizens appearing for the exam, the organising institutes feel the octogenarian engineer from Uttar Pradesh has set a new benchmark. A 75-year-old candidate is known to have taken the exam two years ago. The premier institutes do not impose an age bar on candidates. With the IITs opening the competitive national test to third-year undergraduate students after a decade, the youngest to apply seems to be a child prodigy.

Delhi govt schools shine in NEET, JEE

Tamanna Goel of Rohini’s Rajkiya Pratibha Vikas Vidyalaya is one of the 569 Delhi government school students to have cleared NEET this year.CM Kejriwal lauded such students Tuesday. Fifty-three government school students also cracked JEE (Advanced).

Over 1L of 8.8L total GATE aspirants in their third year

The 15-year-old is in his third-year BTech instrumentation engineering, said Prof Deepankar Choudhury, organising chairman of GATE 2021, from IIT-Bombay. The student will graduate in 2022 and will appear for GATE in his core subject. Usually, BTech graduates who are around 21-22 years old take the exam. With the pandemic delaying graduation plans, the organising IIT has allowed students in the third year to apply as well. Over one lakh of the 8.8 lakh total aspirants are in their third year. Director of IIT-Bombay, Subhasis Chaudhuri, said the institute is delighted at the self-confidence and youthful exuberance of the senior citizen. “We are hopeful to have him as our graduate student also,” he said.

Times View: A new chapter in your life can begin even at 88, that’s the message from the civil engineer. In a country in which life is generally considered to be over after retirement, he has taken a small but important step in shattering stereotypes. The octogenarian is an inspiring figure for millions of elderly in the country.