One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Indian colleges cannot legally withhold your original certificates for future admissions abroad. You have a right to seek return on request, especially for passport verification or attestation. Filing a false police affidavit is risky — but there are proper legal routes. Approach the college with a written request first, then escalate to the UGC or education board, or file a civil suit for mandatory injunction.
Key Facts of the Case
- A student from Pune had taken admission in a state engineering college through the MHT CET exam in June 2025.
- The college collected all original certificates — 10th, 12th mark sheets, transfer certificate — and refused to return them.
- The student needed these originals for HRD attestation and apostille to apply for Italian universities for the 2027 intake.
- The State Board (MSBSHSE) required a police complaint and affidavit claiming the documents were destroyed before issuing duplicates — which would involve a false declaration.
- The student had attempted seeking return from the college administration but was denied, citing "college policy" to retain originals.
- UGC guidelines clearly prohibit colleges from retaining original documents after admission.
The Direct Legal Answer
The core issue is straightforward: no college in India, public or private, has the legal right to permanently retain your original certificates after you're admitted. The University Grants Commission (UGC) has issued clear circulars stating that colleges cannot withhold original documents. This applies to state-board colleges as well.
Can the college legally keep my originals?
No. The UGC's public notice dated 2016 and subsequent reminders explicitly bar higher education institutions from retaining original certificates. Some colleges do it anyway as a coercive tactic to ensure you don't leave mid-course. But this practice is unlawful.
What about the false affidavit for duplicates?
Filing a false affidavit stating the documents were "destroyed" would indeed amount to perjury under Section 229 of the Bharatiya Nyaya Sanhita (BNS). That's a criminal offence. For visa purposes, any criminal record — including for perjury — could jeopardise your Schengen visa application. Do not take that route.
Can I get duplicates without a police complaint?
It depends on the board. Most state boards, like Maharashtra or Telangana, have strict protocols requiring a police FIR for duplicates. But that's only if the originals are genuinely lost or stolen. When they're simply held by a college, you have a different remedy — demanding return, not replacement.
Advice in Such Cases
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 to 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.
Here's the thing — don't wait until March 2027. Start now. Send a formal written request via registered post or email to the college principal, citing UGC guidelines. Keep a copy. If that fails, file a complaint with the UGC's anti-ragging and grievance portal. Most colleges back down once they receive a notice from the commission.
Matters like this require an advocate who regularly handles education law and administrative disputes. General practitioners might overlook the specific UGC circulars or the procedural steps for approaching the state education directorate. Proper drafting of the legal notice makes all the difference.
Applicable Sections of Law
This is a civil matter, not a criminal one. The key legal provisions include:
- UGC (Establishment of and Maintenance of Standards in Institutions for Higher Education) Regulations, 2017 — which prohibit retention of original documents.
- Section 36 of the Specific Relief Act, 1963 — which allows a suit for mandatory injunction to compel the college to return your documents.
- Order 39, Rule 1 and 2 of the Code of Civil Procedure, 1908 — for seeking temporary injunction pending the suit.
- Section 229 of the Bharatiya Nyaya Sanhita, 2023 — the criminal provision against giving false evidence, which you would be violating if you file a false affidavit for duplicates.
Jurisdiction — Where to File the Case
For a civil suit seeking return of documents, you file a suit for mandatory injunction in the civil court (Senior Civil Judge / Civil Judge, Junior Division) within whose territorial jurisdiction the college is located. The pecuniary jurisdiction is based on the value of your documents — typically nominal, so it goes to the lowest civil court. If the college is in Pune, you file in the Pune Civil Court. Jurisdiction matters because you need to sue the college where it operates, not where you live.
Limitation Period
Under the Limitation Act, 1963, a suit for mandatory injunction to compel the return of documents is governed by Article 113 — a residual limitation of three years from when the cause of action arises. The cause of action arises when the college first refuses to return the documents. In your case, that refusal has already happened. So the clock is running. Do not delay. Missing limitation can be fatal, though courts can condone delay if you show sufficient cause under Section 5 of the Limitation Act.
Interim Reliefs Available
The most powerful tool here is a temporary injunction under Order 39 Rule 1 and 2 CPC. You can approach the civil court even before filing the main suit, seeking an urgent order directing the college to produce and return your original certificates pending final hearing. Courts typically grant status quo orders in such matters — directing the college not to destroy or misplace the documents. For your specific need (apostille), you can also seek a direction to allow you to use the documents temporarily for attestation. That's the smart play.
If You Are the Victim
- Step 1: Send a written demand letter to the college principal citing UGC guidelines. Keep proof of delivery.
- Step 2: Lodge a complaint on the UGC student grievance portal (ugc.ac.in).
- Step 3: Approach the state education department or the higher education commissioner of your state.
- Step 4: If nothing works within 15-30 days, file a civil suit for mandatory injunction in the local civil court.
- Step 5: Simultaneously, write to the State Board explaining your situation and seek their guidance on duplicate issuance without a false FIR.
Documents You Must Keep Ready
- Copy of your admission letter to the college
- Copy of the college's receipt acknowledging collection of originals
- Your written request (and proof of service) to the college seeking return
- Copy of your passport and visa application proof (if available)
- Email/letter from Italian university or HRD department needing originals
- UGC circular on retention of original documents (print from UGC website)
- Any correspondence or email from the college refusing return
- Aadhaar card, PAN card for identity proof
What Evidence Is Required?
- Primary evidence: the college receipt or acknowledgment showing they hold your originals
- Secondary evidence: email/written communication from the college refusing return
- Documentary evidence: UGC circulars and state education board rules
- Timeline evidence: dates of admission, request, and refusal
- Witness testimony: another student or friend who experienced similar denial (if available)
- Proof of need: your admission offer or communication from Italian university
How Courts Typically Approach Such Cases
Indian civil courts view college withholding of originals as an unjustified restriction on a student's fundamental right to education and freedom of movement. Judges typically issue interim orders directing return within a few weeks. Courts are particularly sensitive where the student proves a specific need — passport verification, visa applications, or attestation for foreign education. The court's main concern is whether the college has any legitimate reason (like pending fees) to retain the documents. If fees are paid, the order comes quickly.
Timeline of Legal Process
- Day 1-3: Draft and send legal notice to college. Consult lawyer.
- Day 7-14: If no response, file civil suit for mandatory injunction with application for interim relief.
- Day 15-21: First hearing — court may issue notice to college and pass interim order.
- Day 30-45: College files reply. Court hears arguments for interim return.
- Day 45-60: If contested, court passes final order on interim application — usually within 2-3 months from filing.
- Day 60-90: If college complies, you get documents back. If not, file execution petition.
- Appeal: Any party can appeal to District Court or High Court, adding 3-6 months.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, absolutely. This is highly advisable before resorting to litigation. Send a formal legal notice through an advocate. Many colleges, upon receiving a notice from a lawyer citing UGC guidelines and potential court action, voluntarily return the documents to avoid negative publicity and legal costs. You can also approach the college's governing body or the state directorate of education. A compromise deed can be executed where the college returns originals and you provide attested copies or an undertaking. Since this is a civil matter, settlement is straightforward and can happen at any stage — even after filing the suit, under Section 89 CPC reference to mediation.
Common Mistakes People Make
- Filing a false police complaint to get duplicates — this exposes you to perjury charges under Section 229 BNS, which can harm visa applications.
- Waiting too long — delaying action until the last minute before your deadline. Courts move slowly; you need to have the order before the attestation rush.
- Not keeping proper documentation of the college's refusal. Without written proof, it's harder to show the court the urgency.
- Speaking to the college administration without an advocate's advice — what you say can be used against you in court.
- Engaging a lawyer who doesn't regularly handle education law or UGC-related disputes. General practitioners often don't know the specific UGC circulars or the quickest procedural route through the state education department. Domain-specific experience matters in crafting the legal notice and the interim application for injunction.
- Threatening the college on social media — that can worsen relations and prejudice your case in court.
FAQs People Normally Have
Can the college legally hold my original certificates for the entire duration of my course?
No. UGC guidelines specifically prohibit this. Colleges do it anyway, but it's unlawful. You have the right to demand return at any time.
Will filing a civil case delay my abroad admission process?
It can if you delay. But if you act early — filing for interim injunction — the court can order return within 30-45 days. That's faster than waiting for a duplicate from the board, which can take months.
What if the college claims I owe pending fees?
The college can retain documents only as security for fees if there's a specific written agreement. Without it, they cannot hold your originals. If fees are due, pay them or settle the dispute separately.
Can I get HRD attestation without originals?
No. HRD attestation and apostille require physical original certificates. A duplicate from the board works, but only if it's a genuine re-issue. A false affidavit duplicate is risky. So demanding originals from the college is your cleanest option.
What if the college has already submitted my documents to the university?
Then the university holds them. Same legal principle applies. Approach the university with a written request citing UGC rules. Escalate to the UGC or file a civil suit against the university.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India