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

A young student, let’s call him Aarav, recently found himself in a difficult position concerning his higher education. After securing a coveted spot for a B.A. (Hons) program at the prestigious Vikas University, he faced an unexpected roadblock from his previous institution, Pragyan College.

Aarav had initially enrolled at Pragyan College, a local university in his city. Following his parents’ advice, he used that year to focus on preparing for the National Entrance Test. The plan was simple: if he secured admission into a better university, he would withdraw from Pragyan College. If not, he could continue his studies there without losing his seat.

The plan succeeded, and Aarav was accepted into Vikas University. However, when he approached Pragyan College to withdraw his admission and collect his original Transfer Certificate (TC) and Migration Certificate (MC), the administration refused. They informed him that it was against their policy to return these documents. Their suggestions were unhelpful: either get fresh certificates from the National Open Schooling Board (NOSB), from where he completed his 12th grade, or abandon his new admission and complete the course at Pragyan College.

This put Aarav in a bind. The process of getting new documents from NOSB could take several months, but Vikas University required the original documents for immediate admission confirmation. Pragyan College was also unwilling to provide any alternative, such as a bonafide certificate, leaving Aarav’s academic future in jeopardy.

Advice in such cases

If you find yourself in a similar situation, it is important to know that the law and regulatory bodies are on your side. Educational institutions cannot arbitrarily withhold a student’s original documents. Here are the steps you should consider:

• Formal Written Request: Your first step should be to submit a formal, written application to the head of the institution (Principal/Dean/Director) requesting the return of your documents. Clearly state your reasons and mention the admission you have secured elsewhere. Keep a copy of this application and any acknowledgment of receipt.
• Refer to UGC Guidelines: The University Grants Commission (UGC) has issued clear guidelines stating that institutions cannot retain original certificates of students. Forcing a student to stay enrolled is an unfair and restrictive practice. You can cite these guidelines in your communication.
• Send a Legal Notice: If the institution does not respond favorably to your written request, the next step is to have a lawyer send a formal legal notice. This notice will outline your grievance, cite the relevant regulations, and state the legal consequences of non-compliance, such as initiating proceedings in a consumer court.
• File a Grievance: You can file a formal complaint with the university’s Student Grievance Redressal Cell (SGRC). Additionally, you can escalate the matter by lodging a complaint on the UGC’s online grievance portal.
• Consumer Complaint: Withholding documents after a student has withdrawn admission can be considered a “deficiency in service” under the Consumer Protection Act, 2019. You can file a complaint with the District Consumer Disputes Redressal Commission.
• 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

This issue is primarily governed by regulatory guidelines and civil law rather than criminal statutes like the Bharatiya Nyaya Sanhita (BNS). The key legal provisions are:

• UGC Guidelines on Fee Refunds and Retention of Certificates: The UGC has repeatedly issued notifications prohibiting universities and colleges from retaining original certificates of students. These guidelines are binding on educational institutions. They specify that institutions must refund fees according to a set schedule and cannot hold onto documents to force a student to continue their studies.
• The Consumer Protection Act, 2019: A student is considered a ‘consumer’ and the educational institution a ‘service provider’. Refusing to return documents or provide a service that has been paid for amounts to a deficiency in service. You can seek compensation and the return of your documents through a consumer court.

If you are the complainant

As the student taking action, you need to be systematic:

• Gather All Documentation: Collect all relevant papers, including your admission letter from the old college, fee payment receipts, the admission offer from the new university, and copies of all written communication with the old college.
• Maintain a Record: Keep a detailed log of all conversations, including the names of the officials you spoke with, dates, and the summary of the discussion.
• Follow the Hierarchy: Start with a formal application to the college. If that fails, send a legal notice. If there’s still no resolution, proceed with filing complaints with the UGC and the consumer court.
• 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 the person directly affected, here are immediate steps to manage the situation:

• Inform Your New University: Immediately contact the admissions office of your new university. Explain the situation clearly and professionally. Provide them with copies of your correspondence with the old college as proof of your efforts. Request an extension for submitting the original documents. Most universities are understanding in such cases.
• Create a Paper Trail: Ensure every communication with the old college is in writing (email or registered post). This creates evidence that you have been actively trying to resolve the issue.
• Do Not Be Pressured: Do not give in to the old college’s pressure to continue your studies there. You have the right to choose your educational path.
• 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

This is a civil dispute, not a criminal one. Therefore, the police have a very limited role. If you approach the police, they will likely inform you that they do not have the jurisdiction to intervene in such matters. They cannot file an FIR (First Information Report) for withholding documents in this context. They might, at best, try to informally mediate or call the college authorities, but they cannot compel the college to release your documents. Your remedy lies with the university’s grievance mechanism, the UGC, and the consumer courts.

FAQs people normally have

Can a college legally keep my original documents after I withdraw admission?
No. According to UGC guidelines, it is illegal for any higher education institution to retain the original documents of a student. They are required to return them immediately upon withdrawal of admission.

What if I miss the admission deadline for my new university because of this?
You should proactively communicate with the new university, provide evidence of the situation, and request an extension. If you suffer a loss due to the old college’s actions, you can claim compensation for it in your consumer court complaint.

How much fee can the college deduct if I withdraw?
The UGC has a clear fee refund policy. The amount of refund depends on how many days before the formal notification of the last date of admission you withdraw. Holding onto documents to avoid a fee refund is illegal.

What evidence is required?

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

• Proof of admission and fee payment to the old college.
• The admission offer letter from the new university.
• Copies of your written applications/emails to the old college requesting your documents.
• Any written refusal from the college, if available.
• A copy of the legal notice sent to the college and the postal receipt.
• Printouts of the relevant UGC regulations on certificate retention and fee refunds.

How long will the investigation take?

The timeline for resolution can vary significantly:

• A well-drafted legal notice can sometimes resolve the issue within 15-30 days.
• A complaint to the UGC’s grievance portal may take a few weeks to a couple of months to be addressed.
• A case in the consumer court can be a longer process, potentially taking several months to over a year, depending on the workload of the court. However, interim relief can sometimes be sought for the immediate release of documents.

Advocate Sudhir Rao, Supreme Court of India