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SC to examine if universities can be sued under consumer law

In 2005-2006, the students were admitted in an offshore programme of two-year study in Thailand and two-and-a half year study in the university in India.

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Supreme Court

New Delhi, Oct 21 : The Supreme Court has agreed to hear an appeal, challenging a verdict of National Consumer Disputes Redressal Commission (NCDRC), which raised the question, whether an educational institution or university can be sued for deficiency in services under the consumer protection law.

A bench of Justices D.Y. Chandrachud, Indu Malhotra and Indira Banerjee, admitting the appeal, said: “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 order was passed by the top court on October 15.

The appeal has been filed by Manu Solanki and other students of a medical course against Vinayaka Mission University at Salem, Tamil Nadu.

The top court also asked advocate Soumyajit, representing the caveator university, to file the response within six weeks.

The students have alleged that the university has indulged into unfair trade practice and there was deficiency of service, as it induced them to take admission in a course on an assurance that requisite approvals from the authorities have been obtained.

In 2005-2006, the students were admitted in an offshore programme of two-year study in Thailand and two-and-a half year study in the university in India.

They were assured that the MBBS final degree is recognised by the Indian Government and Medical Council of India. However, after completion of studies in Thailand, the students were told to continue their course there. The students’ in their plea said they were informed that a Foreign Medical Degree will be conferred on them and they would have to appear for screening test in India.

The university had objected to the maintainability of this plea contending that petitioners are not consumers and education is not a commodity.

The university cited top court verdicts in the Maharishi Dayanand University and in the PT Koshy cases where it was held that education is not a commodity and educational institutions do not provide any kind of service.

As a result, there cannot be any deficiency of service to be adjudicated upon in consumer forum or commissions, the university had argued. However, the students contested this with other verdicts, which held educational institutions fall under the purview of the Consumer Protection Act, 1986.

In January, the NCDRC, in its verdict, had said 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 have appealed this verdict in the top court.

India

When is Kartik Purnima? Know date, significance and more

Kartik Purnima 2020: Purnima means the full moon day and the full moon that falls on Kartik month is known as Kartik Purnima. This day is celebrated on the 15th lunar day of the month Kartik and it generally falls in the month of November.

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Mars moon Phobos

Purnima means the full moon day and the full moon that falls on Kartik month is known as Kartik Purnima. This day is celebrated on the 15th lunar day of the month Kartik and it generally falls in the month of November. It is also known as Tripuri Purnima or Tripurari Purnima and is one of the most significant days in the traditional calendar.

Kartik Purnima will fall on November 30, 2020, and coincidentally it will fall with the lunar eclipse or Chandra Grahan this year. Here we have compiled everything about this day, from date to tithi and significance:

Kartik Purnima will be observed on November 30 this year.

What is the Kartik Purnima 2020 tithi?

The Kartik Purnima Tithi will begin at 12:47 PM on Nov 29, 2020, and Purnima tithi will end at 02:59 PM on Nov 30, 2020.

Significance of Kartik Purnima 2020:

According to Hindu mythology, this festival is one of the important and ancient festivals of India. Usually, devotees take a bath in the Ganga river on this day and this day is known as Kartik Snana. On this day, Lord Shiva killed a trio of Asura brothers who was known as Tipurasura, and Lord Shiva took the avatar of Tipurari to kill them

After killing them, Lord Shiva restored peace, and thus after that Devas celebrated Diwali on this day to celebrate the victory of Lord Shiva over the evil.

On this day, a grand mela is held at Pushkar. The fair begins on Prabodhini Ekadashi, and it falls a week or so before Kartik Purnima. Kartik Purnima is also the last day to perform Tulsi Vivah.

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India

Vaikuntha Chaturdashi: Date, timings, significance, and rituals of the puja

This year, Vaikuntha Chaturdashi falls on November 28.

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Vaikuntha Ekadashi

Vaikuntha Chaturdashi is observed one day before Kartik Purnima. The Hindu month of Kartik, which concurs with the Gregorian month of October/November has myriad festivals and significant days.

This Chatiurdashi which falls on the Shukla Paksha is considered sacred for both the devotees of Lord Vishnu and Lord Shiva as both the deities are worshipped on the same day.

Vaikuntha Chaturdashi 2020 Date:

This year, Vaikuntha Chaturdashi falls on November 28.

  • Chaturdashi Tithi Begins – 10:21 AM on Nov 28, 2020
  • Chaturdashi Tithi Ends – 12:47 PM on Nov 29, 2020

Significance of Vaikuntha Chaturdashi:

Lord Shiva was impressed and appeared in front of him. Lord Shiva then said that Kartik Shukla Chaturdashi will be known as Kartik Baikunth Chaudas. Lord Shiva offered the Sudarshan Chakra to Lord Vishnu on this very day. On this day, Lord Vishnu and Lord Shiva said that the doors of heaven will be opened. A person fasting on this day would secure his place in heaven.

Rituals of Vaikuntha Chaturdashi:

Certain rituals should be followed to worship Lord Vishnu. Lord Vishnu should be worshipped with flowers, lamps, sandalwood etc. Devotees should recite Bhagavad Gita and Shri Sukta and offer Lotus flower for the puja. It is believed that those who worship Lord Vishnu and listen to the story on this day, get relief from all sufferings of life. Worshipping Lord Vishnu with a mantra and storm path on this day takes a person to Baikunth Dham after his death.

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Business

India enters recession: GDP drops by 7.5% in July-September quarter

The National Statistical Office (NSO) data on Friday showed that the Q2FY21 GDP on a year-on-year basis contracted by (-) 7.5 per cent from (-) 23.9 per cent in the preceding quarter.

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National debt under Modi govt surges

New Delhi: Even though India’s economic recovery accelerated in Q2FY21 from the lows of the pandemic-induced lockdown, the country for the very first time since Independence entered into a technical recession.

The National Statistical Office (NSO) data on Friday showed that the Q2FY21 GDP on a year-on-year basis contracted by (-) 7.5 per cent from (-) 23.9 per cent in the preceding quarter.

Though not comparable, the GDP had grown by 4.4 per cent in the corresponding quarter of FY2019-20.

In financial parlance, an economy is said to have entered a technical recession after it consistently remains in the negative output territory for two subsequent quarters.

This trend underscores the reduction in purchasing power along with lower tax collection for the government, likely defaults on debt and falling Capex spends.

According to the NSO, the GDP at ‘Constant (2011-12) Prices’ in Q2FY21 is estimated at Rs 33.14 lakh crore as against Rs 35.84 lakh crore in Q2FY20, showing a contraction of 7.5 per cent as compared to 4.4 per cent growth in Q2FY21.

“Quarterly ‘GVA at Basic Prices at Constant (2011-12) Prices’ for Q2 of 2020-21 is estimated at Rs 30.49 lakh crore, as against Rs 32.78 lakh crore in Q2 of 2019-20, showing a contraction of 7 per cent,” the NSO said in the estimates of Q2FY21 GDP.

“With a view to contain the spread of the Covid-19 pandemic, restrictions were imposed on the economic activities not deemed essential during Q1. Though the restrictions have been gradually lifted, there has been an impact on the economic activities,” it added.

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