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