Supreme Court Declines Stay On Calcutta High Court Direction To Reduce Private School Fees By 20%

first_imgTop StoriesSupreme Court Declines Stay On Calcutta High Court Direction To Reduce Private School Fees By 20% LIVELAW NEWS NETWORK28 Oct 2020 4:21 AMShare This – xThe Supreme Court on Wednesday refused to stay the directions passed by the Calcutta High Court whereby private schools were asked to reduce their fees by a minimum of 20% and to not hike fee for the financial year 2020-21.The apex court also left untouched the High Court direction that schools should not charge for non-essential services(such as laboratory, craft, sporting facilities…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Wednesday refused to stay the directions passed by the Calcutta High Court whereby private schools were asked to reduce their fees by a minimum of 20% and to not hike fee for the financial year 2020-21.The apex court also left untouched the High Court direction that schools should not charge for non-essential services(such as laboratory, craft, sporting facilities or extracurricular activities) which the students are not availing on account of lack of physical functioning. The HC had also said that for the present financial year, only a maximum of five per cent excess of revenue over expenditure will be permissible for schools.At the same time, the SC stayed the operation of the directions numbers 8 to 16 contained in paragraph 61 of the High Court judgment delivered on October 13. As per these directions, the HC ordered for the constitution of a committee to audit the accounts of the school, directed schools to consider applications of parents for further reduction or waiver of fees based on audited financial statements etc.A bench comprising Justices Ashok Bhushan, R Subhash Reddy and M R Shah issued notice on a batch of petitions challenging the HC directions after observing that the matter required to be heard at length.The HC judgment was pronounced by a division bench comprising Justices Sanjib Banerjee and Moushumi Bhattacharya observing that “allowing the schools to charge at the usual rate would be to give a licence to unjust enrichment beyond the judicially demarcated limits.”The HC further observed that the schools have incurred less expenditure due to the lockdown.’It Is Obvious That Schools Have Incurred Less Expenditure Over A Prolonged Period Of Time’: Calcutta HC Orders Min 20% Reduction In Private School Fees [Read Order]Assailing the HC order, Senior Advocate Dr Abhishek Manu Singhvi submitted before the Supreme Court that the High Court transgressed its powers under Article 226 of the Constitution by directing private schools to reduce their fees.”High Court cannot act like a super-regulatory authority”, he submitted.He also took exception to the HC forming a committee to audit the accounts of the schools. The HC included the lawyer of the petitioner in the committee, Dr. Singhvi pointed out.Singhvi argued that as per the judgments in T M A Pai, P A Inamdar and Islamic Education Society cases, the courts cannot regulate the fees of private educational institutions. The HC order has in effect nullified the circular issued by the Government of West Bengal which permitted schools to charge proportionate fees for their services; however, the Court has not struck down the circular or found any unconstitutionality in it, Singhvi submitted.Senior Advocate Kapil Sibal, appearing for another petitioner-school, submitted that the HC could not passed a blanket general order without taking into account the different situations of each and every school. There was no factual materials before the Court to order a blanket slashing down of fees by 20%.The bench however expressed disinclination to interfere with the fee reduction.”At the time of TMA Pai, there was no COVID”, Justice M R Shah told Singhvi when the latter referred to the precedent.”How can you charge for sporting facilities, lab charges etc when there is no physical school?”, Justice Shah further observed.Click here to download the orderRead OrderNext Storylast_img read more

Dietary supplements largely unregulated, accessible to children

first_imgPills and powders claiming to boost weight loss, energy, or sexual performance — available to customers of all ages on drugstore shelves — face little government oversight of their safety and efficacy. Because of legislation passed in 1994, the Food and Drug Administration has been unable to demand testing before a dietary supplement is brought to market or to stop companies from making unproven claims, according to a Jan. 29 Boston Globe column. Young people are especially vulnerable to the marketing of these products.“We have young people growing up believing the way they appear physically is their defining feature,” Bryn Austin, professor in the Department of Social and Behavioral Sciences and director of STRIPED (Strategic Training Initiative for the Prevention of Eating Disorders) at Harvard T.H. Chan School of Public Health, told the Globe. “That sets them up for escalating weight control methods, and for any kind of pill or potion they can find that will keep them from gaining weight.”A recent study led by Austin found that use of diet pills increases the risk of eating disorders in young women. She and her colleagues also found that consumption of dietary supplements for weight loss, muscle building, and energy was associated with increased risk for severe medical events in children and young adults compared to consumption of vitamins. Read Full Storylast_img read more

Holy Cross announces 2019 commencement speaker

first_imgEditor’s note: A version of this story appeared in the print edition of The Observer on Feb. 21. K.J. Martijn Cremers, interim dean of Mendoza College of Business and Bernard J. Hank professor of finance at Notre Dame, will be Holy Cross College’s 2019 commencement speaker, Monica Garvey Leyes, assistant director of communications at Holy Cross, announced in a press release Wednesday.“We are honored to welcome Dr. Cremers as our commencement speaker,” Holy Cross President Fr. David Tyson said in the release. “The breadth and integrity of his work set him apart in both the academy and the business field. Even more so, his commitment to the Catholic intellectual tradition and his dedication to truth, the dignity of the human person and the common good will speak to every one of our graduates, professors and guests.”Cremers served as faculty at the Yale School of Management for 10 years before joining Mendoza in 2012. He earned his master’s degree from the Vrije Universiteit Amsterdam and received a doctorate in finance from New York University’s Stern School of Business.Cremers’ scholarship focuses on investment management and corporate governance, and he teaches at both the MBA and undergraduate levels.He received recognition for his 2007 academic paper, “How active is your fund manager? A new measure that predicts performance,” which he co-authored with management professor Antti Petajisto and published in the Review of Financial Studies in 2009. According to the release, the paper “introduced a measure of management called ‘Active Share’ now widely used in the financial industry.”Cremers’ work has been published in several academic journals, including the Journal of Finance, the Review of Financial Studies, the Journal of Financial Economics, Stanford Law Review and Northwestern Law Review. His research has also been featured in The Wall Street Journal and Financial Times, the release said.Outside his work at Notre Dame, Cremers serves as the independent director at Ariel Investments in Chicago and as an external consultant with State Street Associates.The Holy Cross commencement ceremony will take place May 18 at 2 p.m. in the Pfeil Center’s McKenna Arena.Tags: Commencement 2019, Holy Cross College, martijn cremers, mendoza college of businesslast_img read more

State Lawmakers Examine COVID-19 Impact On Jails, Prisons

first_imgRainerzufall1234 / Wikimedia / CC BY-SA 4.0 / CC BY 2.0 MGN Image / Babak Farrokhi ALBANY – State lawmakers say there have been fairly low COVID-19 infection rates in people incarcerated in jails and prisons in New York.During a hearing Tuesday, officials disclosed there are about 37,000 inmates currently incarcerated and of those, 773 tested positive, 11,201 tested negative.In addition, officials said 1,329 staff members were positive and that 98 percent of those people have recovered and returned to work, according to Anthony Annucci, the acting commissioner of the State Department of Corrections and Community Supervision.Several measures were taken to help safekeep incarcerated people and staff members, including “…Removing non-essential staff from the workplace, the difficult decision of suspending visitation and programs, deploying masks to staff, and the incarcerated population to making hand sanitizers available,” Annucci said. There have also been “early release opportunities” for certain people serving time. He said the Department has expanded testing, offering more than 13,000 COVID diagnostic tests to those incarcerated.There have been 17 COVID-related fatalities of incarcerated individuals: five staff deaths and four parolee deaths. It’s a much different side-by-side comparison with facilities like nursing homes, officials said.Due to low infection rates, DOCCS has also “gradually” reintroduced non-essential staff and resumed some vocational and academic programs. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)last_img read more

Rebecca Lunsford

first_imgRebecca Lunsford, 63, of Moores Hill passed away Friday, August 31 at Margaret Mary Health in Batesville.  Rebecca was born Saturday, November 6, 1954 in Cincinnati, Ohio the daughter of Charles and Govie (Leonard) Merkel.  She married Larry Lunsford June 17, 1972 and he preceded her in death December 5, 2013.  She retired from Aurora Elementary Community School as a cook.  Rebecca was a member of Sparta Baptist Church, Women of the Aurora Moose and graduated from North Dearborn High School in 1972.  She enjoyed bingo, camping, traveling and spending time with her family.Rebecca is survived by son David (Beverly) Lunsford of Moores Hill, daughters: Teresa Cowan of Moores Hill and Jennifer (Joseph) Schantz of Brookville, brothers: Mike and Ken Merkel, sister Patti Sackett all of Lawrenceburg and seven grandchildren.  She was preceded in death by her husband Larry and her parents.Funeral services will be held at 11 AM Wednesday, September 5 at Laws-Carr-Moore Funeral Home at Milan with Pastor Rick Burcham officiating.  Burial will follow in Mount Sinai Cemetery.  Visitation will be 5 – 7 PM Tuesday, September 4 also at the funeral home.  Memorials may be given in honor of Rebecca to the American Cancer Society, Children’s Hospital of Cincinnati or Sparta Baptist Church.  Laws-Carr-Moore Funeral Home entrusted with arrangements, 707 S. Main St., Box 243, Milan, IN, 47031. (812) 654-2141 You may go to www.lawscarrmoore.com to leave an online condolence message for the family.last_img read more

No. 5 Syracuse holds off upset bid from Harvard in 11-10 win

first_img Published on March 14, 2015 at 11:46 pm Syracuse (7-2, 1-1 Atlantic Coast) beat Harvard (2-2, 1-0 Ivy) 11-10, on Saturday in Deland, Florida at Stetson University.The Crimson opened up the game with a 4-1 run in which No. 5 SU wasted two free-position opportunities and committed two turnovers. SU goalie Kelsey Richardson saved just one of the eight shots she faced in the first half. At halftime SU trailed 7-5.But to start the second half, the Orange rattled off three consecutive goals in 1 minute, 40 seconds, taking an 8-7 lead. The Crimson still pestered the Orange, tying the game at eight.Goals from Riley Donahue and Halle Majorana midway through the second half helped SU grab a two-goal lead. With just under 12 minutes left, Harvard midfielder Maeve McMahon countered with one of her four goals to pull the Crimson within one goal.After another SU goal, McMahon again brought the game within one goal with just 59 seconds left in the game. Richardson, who struggled throughout the first half came up with a save in the final minute to preserve the lead.AdvertisementThis is placeholder textSU overcame Harvard holding attack Kayla Treanor without a goal for the second-consecutive game. Majorana, who tallied two goals, was the only multi-goal scorer for the Orange and SU’s bench scored five of its 11 goals.The Orange plays Cornell (5-1, 2-0 Ivy) on Tuesday at 6 p.m. at home.Compiled by Chris Libonati, staff writer, [email protected] Comments Facebook Twitter Google+last_img read more

Henson: As expected, Budmayr still has a long way to go

first_imgBy now, you’ve all probably heard.The Badger offense was painful to watch during Saturday’s spring game.In the one practice that fans get to see, UW failed to produce a touchdown. That’s unfortunate for everyone involved – except Chris Ash and his defense, which brought relentless pressure and recorded numerous “sacks” of the two-hand-touch variety.The numbers speak for themselves. First-team quarterback Jon Budmayr was 10-for-23 with an interception. Second-team quarterback Joe Brennan was even worse, going 3-for-17 with one interception.The quarterback play Saturday was awful.But keep in mind: The Cardinal-White scrimmage was the final practice of a long spring camp. Saturday was a bad day for Budmayr and the quarterbacks, but what about the rest of spring practice?Unfortunately, the quarterback play has been subpar all spring, and the coaches and players are well aware. They’re not hiding from it.“The three guys that got the majority of the reps today aren’t anywhere where we need them to be for us to be a competitive team in the fall,” head coach Bret Bielema said.“It’s April right now, and we’re fortunate it is because we still have a lot to go and a lot of room to improve, myself mostly, before fall camp starts,” Budmayr added.Well, Bielema and Budmayr are certainly being honest with the situation at hand as UW welcomes a new starter under center.All eyes will be firmly focused on Budmayr as fall camp nears with the starting job now essentially his.Brennan, a redshirt freshman, is still very raw, and true freshman walk-on Joel Stave is in no position to lead UW after just a couple months on campus. The only true challenger was Curt Phillips, but you can officially take him out of the competition.Bielema revealed Saturday that redshirt junior has been ruled out for the year. Phillips suffered his second ACL tear this past November, but according to Bielema, Phillips’ knee failed to heal correctly and he’ll need to undergo another procedure.You have to feel for Phillips, who’s worked relentlessly to see the field in 2011, but opponents aren’t about to show the Badgers any sympathy.Now Budmayr is the only quarterback with any game experience – albeit in mop-up duty.As the first-team signal caller this spring, Budmayr struggled, and that was highlighted Saturday.But that shouldn’t really surprise anyone. In fact, that was to be expected.Consider this:The redshirt sophomore hasn’t started an actual game in over three years (he missed his senior year of high school due to injury) and those live snaps are impossible to truly replicate in practice.He’s going against a pretty talented first-team defense, which has amped up its blitz packages in an effort to get more pressure on the quarterback – not the easiest thing for a new signal caller to deal with, especially when simply laying a finger on his green jersey counted as a sack in the spring game.The UW secondary is loaded with experience, featuring three senior starters. Meanwhile, with Nick Toon (his most dynamic downfield target) sidelined, UW’s most experienced wide receiver is Jared Abbrederis, a redshirt sophomore. Those wideouts and their drops didn’t give the quarterbacks much help Saturday.His starting center – Peter Konz – has been out with injury, and his tight ends have all had health issues of their own.That’s a lot of challenges to work through. The return of all those injured starters will only help Budmayr and the passing game, but inconsistency on offense is commonplace during the spring.Take a look at what Scott Tolzien – the man Budmayr is replacing at quarterback – had to say a year ago at this time, when the eventual Big Ten champion Badgers wrapped up their spring game.“We need to be better than that in the fall,” Tolzien said of the offense’s spring game performance last year. “It’s good for us to have a setback like that, as long as we use it to our advantage to realize that there’s a sense of urgency here, and we gotta have a great offseason to move forward.”Sounds familiar, doesn’t it?You’d be hard-pressed to find an offense that’s clicking after 15 practices. Timing and chemistry needs to develop over the summer and into fall camp.Having said all that, Budmayr – like every other player on the roster – needs to progress and he knows it. After all, his position happens to be the most important one on the field.Does he have what it takes to lead this offense and keep UW at the top of the Big Ten? At this point, it’s just too early to tell.This much is obvious: Budmayr needs to make smarter reads. He needs to develop a stronger presence in the pocket. Most importantly, he needs to take care of the football – something he struggled to do all spring.The Badger offense is continuing to evolve to take advantage of Budmayr’s strengths, and that adjustment comes with growing pains. Frankly, it’s a good thing results in the spring don’t count for anything.Sure, the spring game was disappointing and maybe a bit frightening, but it just reinforced something we already knew.Budmayr has a lot of room to improve – and he’ll need to if the Badgers want to contend for another conference title.Max is a senior majoring in journalism. Concerned with the Badgers’ quarterback situation? Let him know at [email protected]last_img read more