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

Rohan secured admission to a B.Tech program at the Apex Institute of Technology in the state of Pradesh Pradesh in December 2022. Coming from a financially modest background, he was eligible for the State Merit Scholarship, which covered 50% of his tuition fees. The procedure required him to pay his 50% share to the college, while the remaining 50% would be paid by the government after he filled out an application on the State Scholarship Portal.

For his second, third, and fourth years, this process went smoothly. Rohan duly filled out the forms, and the fees were settled. However, a problem arose concerning his first year. Rohan claims that his name never appeared on the college’s official list of students required to fill out the scholarship form for that year. Furthermore, his name was also absent from the list of students with outstanding fee dues. He has photographic evidence of these lists to support his claim.

Rohan successfully graduated in May 2026 and was preparing to start a new job. When he approached the college for his final marksheets, provisional degree certificate, and the original documents he had submitted at the time of admission, the administration refused. They are now demanding that he pay the government’s 50% share for the first year, amounting to approximately Rs. 70,000. The college’s stance is that it was Rohan’s responsibility to fill out the form, regardless of his name being on the list, citing a general notice posted on a board. They argue he should have understood this and acted when his peers were filling out their forms. Rohan is now in a bind, needing his documents for his new job but hesitant to pursue legal action for fear of it backfiring.

Advice in such cases

• Gather all relevant documentation. This includes your admission letter, all fee receipts, scholarship approval letters, the photographs of the college lists, and any email or written communication with the college administration.
• Send a formal, written representation to the college’s principal, dean, or registrar. Clearly state the facts, attach copies of your evidence, and request the immediate release of your documents. This creates a formal record of your attempt to resolve the issue.
• 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.
• You can file a grievance on the University Grants Commission (UGC) portal. The UGC has specific regulations against institutions withholding documents of students.

Applicable Sections of Law

• Consumer Protection Act, 2019: The Supreme Court of India has established that education is a ‘service’ and a student is a ‘consumer’. The college’s act of withholding documents over a disputed fee, especially when their own lists created the confusion, can be considered a ‘deficiency in service’.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Withholding original documents that were entrusted to the college can potentially amount to Criminal Breach of Trust. This is a criminal offence.
• Indian Contract Act, 1872: The principle of estoppel may apply here. Since the college, through its actions (or inaction of not including the name on the list), led you to believe that you did not need to fill the form, they cannot now penalize you for it.
• UGC Guidelines: The UGC (Credit and semester) Regulations and other circulars explicitly state that colleges cannot withhold degrees, marksheets, or other original documents for any reason, especially pending fee disputes.

If you are the complainant

• 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.
• Through your lawyer, send a formal Legal Notice to the college. This notice will outline your entire case, cite the relevant laws, and demand the release of your documents within a specific timeframe (e.g., 15 days), failing which you will initiate legal proceedings.
• File a complaint before the appropriate Consumer Dispute Redressal Commission (District, State, or National, depending on the value). You can claim not only the release of documents but also compensation for the mental agony and career opportunity loss.
• Consider filing a Writ Petition before the High Court under Article 226 of the Constitution, as the withholding of your degree affects your Right to Livelihood, which is an integral part of the Right to Life under Article 21.

If you are the victim

• Do not give in to pressure and pay the disputed amount without getting it in writing from the college that the payment is “under protest” and subject to a final decision or that it will be refunded if your claim is found to be valid.
• Maintain a calm and professional demeanor in all communications with the college. Keep a detailed log of every conversation, including the date, time, and name of the person you spoke with.
• 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.
• Preserve all evidence meticulously. Your case will be significantly stronger with clear proof like the photos of the lists.

How the police behave in such cases

Police often perceive such matters as civil disputes and may be hesitant to register a First Information Report (FIR). They might advise you to approach a consumer court or settle the matter directly with the institution. However, if the elements of a criminal offence like criminal breach of trust or cheating are clearly made out, they are obligated to investigate. An advocate can help you draft a complaint that clearly highlights the criminal aspects of the case. If the police still refuse to register an FIR, you can approach the Superintendent of Police or file an application before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

• Proof of admission and the college prospectus.
• Receipts for all fees paid by you.
• The letter or document confirming your scholarship.
• The clear, dated photographs of the college notice boards/lists where your name was absent.
• Copies of any letters, emails, or formal complaints you have sent to the college.
• A copy of the general notice the college is referring to, if possible.

How long will the investigation take?

• A consumer complaint is meant for swift justice. Proceedings in a consumer court can take anywhere from 6 months to a couple of years, but interim relief can often be granted sooner.
• A writ petition in the High Court can be decided relatively quickly, especially when it concerns a student’s career and livelihood. The court can pass interim orders for the immediate release of documents pending the final outcome.
• A criminal investigation following an FIR is a much longer process. The investigation itself can take months, and the subsequent trial can last for several years.

Advocate Sudhir Rao, Supreme Court of India