If you are stuck in such a situation, here is what to do.

Mr. Sameer Sharma, a bright student from a small town, was overjoyed when he secured admission to the prestigious “Apex Institute of Management” in the bustling city of Anandpur. His dream was finally within reach. However, his excitement turned to anxiety when he read the admission formalities. The institute demanded that he submit all his original academic documents, including his Class 10 and 12 mark sheets and his school leaving certificate, which they intended to retain for the entire duration of his two-year course. Sameer had heard troubling stories from seniors about how colleges use these documents as leverage, making it impossible for students to pursue other opportunities or even leave the course midway if they were dissatisfied. He was now in a dilemma: should he risk his admission by refusing to submit the documents, or should he surrender his valuable originals, potentially jeopardizing his future flexibility?

Advice in such cases

If you find yourself in a situation similar to Sameer’s, it is crucial to know that the law is on your side. Here are the immediate steps you should consider:

• Do Not Panic: Educational institutions often use the threat of admission cancellation as a pressure tactic. Understand that their demand is illegal.
• Review UGC Guidelines: Familiarize yourself with the public notices and regulations issued by the University Grants Commission (UGC). The UGC has explicitly forbidden universities and colleges from retaining original student documents.
• Communicate in Writing: Address a formal email or letter to the college’s admissions office or registrar. Politely state that as per UGC and Supreme Court directives, they are only permitted to verify the original documents and must return them immediately. Offer to provide self-attested photocopies for their records.
• Gather Proof: Keep a copy of the college prospectus, admission offer letter, and any communication that states the requirement to submit original documents. This will serve as evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The practice of withholding original documents by educational institutions is illegal and has been condemned by various authorities and courts. The primary legal provisions applicable are:

• University Grants Commission (UGC) Regulations: The UGC has issued multiple notifications, including the “UGC Notification on Remittance and Refund of Fees and other student-centric issues,” which clearly states that institutions cannot insist on students submitting their original academic and personal certificates. They can only verify the originals and must return them to the student. Retaining them is a violation that can lead to penalties for the institution.
• Consumer Protection Act, 2019: A student is considered a ‘consumer’ and the educational institution a ‘service provider’. Withholding documents to restrict a student’s choice or forcing them to continue a course is an ‘unfair trade practice’ under this Act. A complaint can be filed in the appropriate Consumer Disputes Redressal Commission.
• Supreme Court of India Judgments: The Apex Court, in cases like Islamic Academy of Education v. State of Karnataka and subsequent judgments, has held that educational institutions have no right to retain the original certificates of students. Such an act is a violation of a student’s fundamental rights.

If you are the complainant

If the college refuses to budge despite your written requests, you are the complainant and can take the following formal steps:

• File a Grievance with UGC: The UGC has an online student grievance redressal portal. You can file a formal complaint against the institution, attaching all the evidence you have collected. The UGC is empowered to take punitive action against non-compliant institutions.
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the institution demanding the immediate return of your documents. This notice will outline the legal violations and warn of further legal action, which often prompts the institution to comply.
• Approach the Consumer Court: You can file a case in the Consumer Court, seeking the return of your documents and also compensation for the mental agony and deficiency in service.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a student whose documents are being wrongfully withheld, you are a victim of an illegal practice. Here is what you should do:

• Document Everything: Keep a record of every conversation, email, and letter exchanged with the college administration regarding your documents. If you have a verbal conversation, follow it up with an email summarizing the discussion.
• Do Not Sign Vague Undertakings: Some colleges may ask you to sign an undertaking allowing them to keep the documents. Refuse to sign any such document.
• Seek Immediate Return: If you have already submitted the documents, write a formal application for their return. State your reason clearly, even if it is simply for safekeeping.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Approaching the police is generally not the first or most effective step in these matters. The police often view such disputes as civil or administrative in nature, not criminal. They may be reluctant to register a First Information Report (FIR) and are likely to advise you to approach the UGC or a consumer court. However, if the act of withholding documents is coupled with elements of extortion, cheating (as defined under Section 316 of the Bharatiya Nyaya Sanhita, 2023), or criminal breach of trust (Section 314 of BNS), the police may be compelled to intervene. A lawyer’s intervention can be crucial in framing the complaint correctly to highlight any criminal aspects.

FAQs people normally have

Here are some frequently asked questions on this issue:

• Is it absolutely illegal for a college to keep my original documents?
  

  Yes. As per UGC regulations and Supreme Court rulings, it is illegal. They can only verify them and must return them immediately.

  
  
• What if the college threatens to cancel my admission if I don’t submit the originals?
  

  This is a coercive and illegal tactic. You should not give in. You can report such threats to the UGC, which can take strict action against the college, including withdrawing its affiliation.

  
  
• Can the college demand the entire course fee if I decide to leave after a few months?
  

  No. The UGC guidelines also regulate fee refunds. An institution can only deduct a proportionate amount of the fee and must refund the rest. They cannot use your original documents as leverage to demand the full fee.

  
  
• What if I’ve already graduated and the college is still holding my documents for some reason?
  

  The same rules apply. The college has no right to withhold your degree or other certificates after you have completed the course and cleared all your dues. You can take the same legal recourse mentioned above.

  
  

What evidence is required?

To build a strong case against the institution, you will need the following evidence:

• The college prospectus or admission brochure that mentions the requirement.
• The admission offer letter.
• Any email or written communication from the college demanding the original documents.
• A receipt or acknowledgement slip if you have already submitted the documents.
• Copies of your written requests to the college asking for the return of your documents.
• A copy of the complaint filed on the UGC’s grievance portal.

How long will the investigation take?

The timeline for resolution can vary:

• UGC Grievance: The UGC aims to resolve grievances in a time-bound manner, often within a few weeks to a couple of months.
• Legal Notice: A legal notice usually gives the institution a period of 15 to 30 days to comply. Many cases are resolved at this stage.
• Consumer Court: A case in the Consumer Court can be more time-consuming, potentially taking several months to over a year, depending on the complexity and the caseload of the court.

Advocate Sudhir Rao, Supreme Court of India