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

A distressing situation has come to light involving a student, let’s call him Aman, and a college named “Apex Science College” in the city of Gyanpur. After securing admission to the 11th grade, Aman submitted his original Class 10 marksheet and Transfer Certificate to the college, as is often requested during the admission process. However, a few months later, due to personal reasons, Aman decided to withdraw his admission and seek enrollment elsewhere.

When his father, Mr. Verma, approached the college administration to retrieve the original documents, they outright refused. The college’s refusal has effectively stalled Aman’s academic progress, as he cannot apply to any other institution without these essential certificates. This practice, often used as a pressure tactic to retain students or extort fees, is not only unethical but also illegal under Indian law. Educational institutions are only permitted to retain photocopies for their records after verifying the originals.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act methodically and assert your legal rights. Here are the steps you should consider:

• Formal Written Communication: The first step is to send a formal written request to the head of the institution (Principal/Director) via registered post. Clearly state your request for the return of the original documents and mention that you are withdrawing your admission. This creates a formal record of your request.
• Legal Notice: If the institution does not respond or refuses to comply, the next step is to have a lawyer send a legal notice. This notice will outline the illegality of their actions, cite relevant laws and regulations, and warn them of legal proceedings if the documents are not returned within a specified period (e.g., 15 days).
• Complaint to Regulatory Bodies: You can file a formal complaint with the relevant educational regulatory authority, such as the University Grants Commission (UGC), the specific school board (e.g., CBSE, ICSE, or the State Board of Education), or the District Education Officer. These bodies have regulations that prohibit institutions from retaining original documents.
• Consumer Complaint: Education is considered a ‘service’ under the Consumer Protection Act, 2019. Withholding documents amounts to a ‘deficiency in service’. You can file a complaint in the District Consumer Disputes Redressal Commission for the return of documents and compensation for the harassment and loss caused.
• 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 act of withholding documents can attract penalties under various Indian laws:

• Bharatiya Nyaya Sanhita, 2023 (BNS): The institution’s action could potentially fall under Section 316 for Criminal Breach of Trust. The documents were entrusted to the college for a specific purpose (admission verification) and their refusal to return them can be construed as dishonest misappropriation.
• Consumer Protection Act, 2019: As mentioned, this is a clear case of deficiency in service, and the student (as a consumer) is entitled to relief.
• Regulations of Educational Bodies: The UGC and other educational boards have issued specific guidelines and circulars explicitly forbidding universities and colleges from retaining original certificates of students. Violating these can lead to penalties and disaffiliation for the institution.

If you are the complainant

As the person filing the complaint (the student or their parent), you must be proactive:

• Gather All Evidence: Collect all relevant documents, including the admission form, fee receipts, prospectus, and any written communication with the college.
• Document Everything: Keep a record of all conversations, including the names of the officials you spoke with and the dates of your visits.
• Follow the Procedure: Start with a written request, followed by a legal notice. This structured approach strengthens your case if you need to escalate the matter to a court or consumer forum.
• 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 the student whose future is being jeopardized, here is what you should do:

• Stay Calm but Firm: Do not get intimidated by the institution’s pressure tactics. Understand that the law is on your side.
• Know Your Rights: You have an absolute right to your original documents. An educational institution cannot hold them ransom for any reason.
• Seek Legal Guidance: The situation involves legal complexities that are best handled by a professional.
• 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

Often, the police may initially perceive such a case as a civil dispute and might be hesitant to file a First Information Report (FIR). They may advise you to approach a consumer court or file a civil suit. However, if your lawyer drafts a complaint that clearly establishes the ingredients of a criminal offense like Criminal Breach of Trust under Section 316 of the BNS, the police are obligated to register an FIR and investigate the matter. An advocate’s intervention is often necessary to ensure the police take cognizance of the criminal aspect of the institution’s actions.

FAQs people normally have

What evidence is required?

To build a strong case, you will need evidence that proves your admission and the institution’s possession of your documents. This includes:

• The fee receipt for admission.
• The college prospectus that outlines the admission procedure.
• Any acknowledgement slip provided by the college upon receiving the documents.
• Copies of the written requests and the registered post receipt.
• A copy of the legal notice sent to the institution.

How long will the investigation take?

The timeline can vary significantly based on the path you choose:

• Legal Notice: Often, a stern legal notice is enough to resolve the issue within 15-30 days, as most institutions want to avoid legal trouble.
• Consumer Court: A case in the consumer court can take anywhere from 6 months to a year, but it is a very effective remedy.
• Criminal Complaint: If an FIR is filed, the investigation timeline depends on the police. The legal proceedings in a criminal court can be lengthy.

Advocate Sudhir Rao, Supreme Court of India