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

Mr. Sameer Verma, a bright student from the city of Pratibhanagar, was ecstatic after securing admission into the prestigious “National Institute of Advanced Studies” in the metropolis of Gyanpur. His joy, however, was short-lived. During the admission process, the college administration insisted that he submit all his original academic documents, including his Class 10 and 12 mark sheets and passing certificates. They informed him that these documents would be retained by the college for the entire duration of his four-year engineering course.

Sameer was taken aback. He had heard troubling stories from seniors about how colleges use this tactic to prevent students from leaving mid-course for better opportunities. He worried about needing his documents for passport applications, internships, or other unforeseen circumstances. When he politely inquired if he could submit notarized photocopies instead, the admissions officer sternly warned him that failure to submit the originals would result in the cancellation of his admission. Feeling cornered and anxious, Sameer wondered about the legality of this demand and what recourse he had just days before his classes were set to begin.

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 steps you should consider:

• Never submit your original documents to any educational institution for retention. Institutions are only permitted to verify the originals and must return them immediately.
• Politely but firmly refuse the demand. Inform the college administration that their policy is in direct violation of guidelines set by regulatory bodies like the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE).
• Send a formal email or a registered letter to the college’s registrar and director, clearly stating your position and citing the relevant UGC/AICTE notifications. This creates a written record of your communication.
• 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 retaining original student documents is illegal and violates several regulations and laws. The primary legal standing comes from:

• UGC and AICTE Regulations: Both the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE) have issued multiple public notices and guidelines explicitly prohibiting universities and institutions from retaining original certificates of students. They can only verify them and must return them on the same day. Institutions violating these norms are liable for punitive action, including withdrawal of approval or affiliation.
• Consumer Protection Act, 2019: A student is considered a ‘consumer’ and the educational institution a ‘service provider’. Forcibly retaining documents and restricting a student’s freedom amounts to a ‘deficiency in service’ and an ‘unfair trade practice’ under this Act.
• Bharatiya Nyaya Sanhita (BNS), 2023: If an institution refuses to return documents that have been entrusted to them, their action can constitute ‘Criminal Breach of Trust’. This is a criminal offense defined under Section 316 of the BNS.

If you are the complainant

If you represent an educational institution, it is imperative to adhere to the law to avoid severe legal and financial repercussions. Your institution should:

• Immediately cease the practice of retaining original student documents. Update your admission policies to align with UGC and AICTE guidelines.
• Establish a clear process for the verification of original documents, ensuring they are returned to the student on the same day.
• Understand that non-compliance can lead to hefty fines from consumer courts, withdrawal of affiliation by regulatory bodies, and criminal proceedings against the management.
• 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

As a student whose documents are being wrongfully withheld, you have several legal remedies available:

• File a Grievance with Regulatory Bodies: Lodge a formal complaint against the institution on the dedicated grievance portals of the UGC (e.g., Samadhan portal) and/or AICTE.
• Send a Legal Notice: This is often the most effective first step. Have a lawyer draft and send a strong legal notice to the institution, demanding the immediate return of your documents and warning of legal action.
• File a Consumer Complaint: You can file a case in the District Consumer Disputes Redressal Commission for deficiency in service and unfair trade practices, seeking the return of documents and compensation for the harassment caused.
• Initiate Criminal Proceedings: You can file a police complaint for criminal breach of trust under Section 316 of the BNS. If the police refuse to file an FIR, you can file a private complaint before the Magistrate under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 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

Initially, the police might perceive the issue as a civil or administrative dispute between a student and a college. They may be hesitant to register a First Information Report (FIR) and might advise you to approach the UGC or a consumer court. However, you must stand your ground. Explain that the act of refusing to return property entrusted to them (your documents) constitutes a criminal breach of trust under Section 316 of the BNS. If you are accompanied by a lawyer and present a written complaint clearly outlining the criminal aspect, they are legally bound to register an FIR as per the provisions of the BNSS.

FAQs people normally have

Is it actually illegal for colleges to keep my original certificates?
Yes, it is completely illegal. The Supreme Court of India, along with regulatory bodies like the UGC and AICTE, has repeatedly held that colleges cannot retain original documents of students.

What if the college threatens to cancel my admission if I don’t submit the originals?
This is an empty threat used to coerce students. Cancelling admission on this ground is illegal. If they do so, you can challenge their action legally and they will be liable for their unlawful conduct.

Can I just give them attested copies?
While you should only ever provide attested copies, the core issue is the college’s illegal demand. You must challenge the demand itself rather than just trying to find a workaround. Submitting self-attested copies after getting the originals verified is the standard and legal procedure.

What evidence is required?

To build a strong case against the institution, you should gather the following evidence:

• The college prospectus or admission brochure that states the requirement for submitting original documents.
• The admission offer letter.
• All receipts for fees paid to the institution.
• Any email or written communication from the college demanding the original documents.
• A copy of any letter or email you sent to the college protesting this demand.
• A copy of the legal notice sent to the college and the postal receipt.

How long will the investigation take?

The timeline for resolution can vary based on the path you choose:

• Legal Notice: A well-drafted legal notice can often resolve the issue within 15 to 30 days, as most institutions will want to avoid further legal trouble.
• Consumer Complaint: A case in the consumer court can take anywhere from 6 months to over a year, but it can result in compensation along with the return of your documents.
• Police Complaint/Criminal Case: A police investigation and subsequent court case can be a longer process, but it puts significant pressure on the institution’s management due to the criminal nature of the proceedings.

Advocate Sudhir Rao, Supreme Court of India