Is Education Service? An Overview

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    Education viewed in a larger perspective, as the socialization of the young in the society. Pursuits of individuals took form and fostered the development of knowledge. The efforts of individuals are also reflective of socio-cultural institutions and practices and cannot be viewed in isolation. There existed a societal value for learning not social dictate for what learning ought to be. Development of education in India regards that free and compulsory education should be provided to all children up to fourteen years of age before the commencement of 21st century. Moreover, the 86th Amendment of the Indian Constitution makes education a fundamental right for all children aged 6-14 years.

    Consumer rights are now an integral part of our lives. They have been well documented and much talked about. We have all made use of them at some point in our daily lives. Market resources and influences are growing by the day and so is the awareness of one's consumer rights. These rights are well-defined and there are agencies like the
    government, consumer courts and voluntary organisations that work towards safeguarding them. While we all like to know about our rights and make full use of them, consumer responsibility is an area which is still not demarcated. Imparting education is one prominent area where the beneficiaries of the educational institutions should be more aware about their rights provided under the law of the land.

    The enactment of the Consumer Protection Act, 1986, a milestone in the history of socio-economic legislation in India, has considerably consolidated the process of consumer protection and has given rise, during the past few years, to new consumer jurisprudence. The main object of the Act is to provide better, inexpensive and speedy remedy to the consumers. It seeks to provide for better protection of the interest of consumers and for the said purpose, to provision for the establishment of consumer
    councils and other authorities for the settlement of consumer disputesand for matters connected therewith. Though passed in 1986, itseffective implementation started only in 1990 when the institutions envisaged under the Act were established throughout the country.
    Consumers play a vital role in the economic system of a nation because in the absence of effective demand that emanates from them, the economy virtually collapses. Consumers are a vulnerable lot for exploitation, more so in a developing country with the prevalence of mass poverty and illiteracy. India is no exception to it. Instances like overcharging, black marketing, adulteration, profiteering and lack of proper services are not uncommon here. From time to time, the government has attempted to safeguard consumer's interests through legislations and the CPA 1986 is considered as the most progressive statute for consumer protection. Procedural simplicity and speedy and inexpensive redressal of consumer grievances as contained in the CPA are really unique and have few parallels in the world. Implementation of the Act reveals that interests of consumers are better protected than ever before. However, consumer awareness through consumer education and actions by the government, consumer activists, and associations are needed the most to make consumer protection movement a success in the country.

    This book is deeply concerned to investigate into the questions regarding the applicability of the Consumer Protection Act in the area of education. Whether imparting of education to its citizens is a "service" within the meaning of clause (o) of subsection (1) of section 2 of the Consumer Protection Act 1986?, Whether tuition fee/boarding charges paid in advance can be ordered to be refunded by the consumer fora constituted under the Act?, Whether the conduct of examination by a school Board or the University for a prescribed fee can be a service under the act?

    This book provides a detailed and comprehensive study of the recent developments in the Indian consumer protection law. This study also discusses the increasing ambit and amplitude of the 1986 Act and highlights the new developments, growing controversies and emerging trends in the Indian consumer protection jurisprudence about the imparting of education as service.

    The present book throws light on the history of education in India, recognition of education as fundamental right, emergence awareness about the rights of the consumer. A separate chapter has been added in this book on the idea of recognizing education as service with special reference to various cases decided by the National Commission and other authorities.

    Dharwad.

    Rakeshkumar M. Kamble Archana K.
    thereby enabling a large number of consumers and organisations to approach these forums for the redressal of their grievances.
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