SC to decide if education comes under Consumer Protection Act

Tribune News Service

New Delhi, November 3

Can a school be sued under the consumer protection law for a student’s death by drowning in a swimming pool during a “Summer Camp” organised by his school?

The Supreme Court has decided to examine if education can be termed as a ‘service’ under the Consumer Protection Act, 2019 — a issue that has troubled students, their parents and educational institutions alike.

Having regard to the pendency of another petition on the contentious issue in Manu Solanki and Others vs Vinayaka Mission University, a Bench led by Justice DY Chandrachud ordered clubbing of the fresh case with the already pending one.

In this case, a student had drowned in the swimming pool of the school during the summer camp. The State Consumer Disputes Redressal Commission dismissed his father’s complaint alleging negligence and “deficiency in service” on part of the school as not maintainable.

The National Consumer Disputes Redressal Commission dismissed his appeal holding that educational institutions didn’t fall within the ambit of the Consumer Protection Act and education, including co-curricular activities such as swimming, wasn’t a “service” within the meaning of the Act. The national commission relied on its larger bench decision in Manu Solanki and Others versus Vinayaka Mission University (2020) and the Supreme Court’s verdicts on the issue.

In Solanki case, the national consumer commission had held that institutions offering education, including vocational courses and other 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, were not covered under the Consumer Protection Act.

However, since the top court has given divergent verdicts on the issue in various cases, its verdict in cases under consideration is likely to spell out the legal position.

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