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: Dental colleges cannot arbitrarily charge Rs. 1500 per day for internship extensions. The NMC has issued public notices against such practices. You can send a legal notice to the college and, if ignored, file a writ petition in the High Court. The forced waiting and cash payments without receipts are strong evidence of unfair practice.
Key Facts of the Case
- A dental college in Telangana was charging Rs. 1500 per day for internship extension — approximately Rs. 2.25 lakh for 150 extra days.
- The client had passed all final exams but was denied permission to complete the internship due to alleged personal reasons for absence.
- The college paid only Rs. 50 per day as stipend during the regular internship period.
- Multiple students from the same batch faced identical demands, with some being charged up to Rs. 3 lakh for other fee-related issues.
- The college demanded payment in cash without issuing any receipt — a practice that violates transparency norms.
- The NMC had published a public notice specifically addressing such arbitrary fee demands by dental colleges.
- The college was stalling the student for over a month while pressuring for payment, creating a coercive situation.
The Direct Legal Answer
Let's tackle this head-on. Your college's demand of Rs. 1500 per day is not just unreasonable — it's likely illegal. The NMC (National Medical Commission) and the Dental Council of India have clear guidelines about internship extension fees, and arbitrary amounts set by individual colleges violate those norms.
Can the college charge whatever it wants for internship extensions?
No. The NMC has issued public notices warning colleges against imposing arbitrary fees. The standard condonation fee for internship extensions is fixed by the respective university or regulatory body. If your college is charging far above what other colleges charge in the same state, that's a red flag. Your friends from other dental colleges confirming this confirms the disparity.
What about the cash payments without receipts?
This is a serious concern. Taking fees in cash without providing a receipt is not only irregular but may also violate income tax laws. It suggests the college is trying to keep these transactions off the books. This behaviour strengthens your case if you decide to take legal action.
Can the college withhold my certificates?
Absolutely not. Once you have passed all your examinations, the college cannot withhold your degree certificates or mark sheets as a coercive measure to extract payment. This amounts to a form of illegal detention of your documents. The courts have consistently held that educational institutions cannot hold certificates hostage for unrelated dues.
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.
Before you approach a lawyer, gather every piece of communication you have with the college — emails, WhatsApp messages, written requests, and especially the fact that you have been asked to wait for over a month. Document the names of other students facing the same issue. This collective evidence can be powerful.
This type of matter — arbitrary fees demanded by educational institutions — involves nuanced procedural strategies. A general practitioner may not be familiar with the specific NMC circulars, university ordinances, and High Court precedents that govern such disputes. An advocate who regularly handles education law or writ jurisdiction will know exactly how to frame your petition and which interim relief to seek first.
Applicable Sections of Law
The primary remedy here is constitutional and civil, not criminal. You would approach the High Court under Article 226 of the Constitution for a writ petition. The grounds would include violation of Article 14 (right to equality — unreasonable and arbitrary fee structure), Article 21 (right to education and livelihood — as your degree is being held back), and Article 19(1)(g) (right to practice your profession).
Additionally, the NMC's public notice against arbitrary fees by dental colleges is a statutory guideline that carries legal weight. Your petition would argue that the college's fee demand is ultra vires the NMC regulations.
If the college withholds your certificates or mark sheets, you may also have a claim under the Indian Contract Act, 1872 for coercion, and possibly a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) as education is now considered a service under consumer law.
Jurisdiction — Where to File the Case
Since the college is located in Telangana, you would file a writ petition before the Telangana High Court. The territorial jurisdiction lies where the college is situated and where the cause of action arose — meaning where the college demanded the fee and denied you permission.
Alternatively, if you choose a consumer complaint, you would file it before the District Consumer Disputes Redressal Forum (DCDRF) in the district where the college is located. The pecuniary jurisdiction would depend on the amount claimed (likely below Rs. 1 crore for the District Forum).
Jurisdiction matters because filing in the wrong court can waste months. Your advocate will confirm the correct forum based on your specific facts.
Limitation Period
For a writ petition under Article 226, there is no strict limitation period under the Limitation Act, 1963, but you must approach the court without undue delay — typically within a few months of the cause of action. If the college has been stalling you for over a month, that delay counts against the college, not you. Act promptly. For a consumer complaint, the limitation is two years from the date of the cause of action under Section 69 of the Consumer Protection Act, 2019.
Interim Reliefs Available
In a writ petition, you can seek an interim order directing the college to allow you to complete your internship pending final hearing. The court can also order the college to not withhold your certificates. Under the Specific Relief Act, 1963, you may seek a mandatory injunction compelling the college to fulfil its statutory duty. These interim orders can be obtained within days if your advocate presents a strong prima facie case — which you have: you passed all exams, you are willing to complete the internship, and the college's demand is arbitrary.
If You Are the Victim
- Stop paying any cash amounts without receipts. Demand a written invoice for any payment.
- Send a formal legal notice to the college through an advocate, citing the NMC public notice and demanding permission to complete the internship within 14 days.
- Collect statements from other affected students. A joint representation strengthens your case.
- Write to the Dental Council of India and the NMC's grievance cell about the college's practice.
- Approach the Telangana High Court for a writ petition if the college does not respond positively.
Documents You Must Keep Ready
- All examination mark sheets and passing certificates.
- Any written communication (email, WhatsApp, letter) from the college refusing or stalling permission.
- Written requests you made for permission to complete the internship.
- Names and contact details of other affected students (even if they are not ready to come forward yet).
- Cash payment receipts (if any) — but since they gave none, any evidence of prior payments or similar demands.
- NMC public notice (download it from the NMC website).
- Your Aadhaar card or any identity proof.
What Evidence Is Required?
- Documentary evidence of your request to complete the internship and the college's response (or silence).
- Evidence of the college's fee demand — even an oral statement recorded as a note of conversation helps.
- Testimony from other students facing identical demands (primary evidence).
- The NMC notice itself (public document, secondary evidence).
- Any proof that the college is taking cash without receipts — photographs of handwritten demands, or statements from students who paid.
- Your college ID card, admission records, and internship completion records (if any).
How Courts Typically Approach Such Cases
Courts take a dim view of educational institutions acting as commercial enterprises. When a student has passed all academic requirements but is being held back by arbitrary financial demands, courts generally lean in favour of the student. The High Court, in its writ jurisdiction, will examine whether the college's fee structure is reasonable and whether it violates any statutory guidelines. If the college has a history of similar complaints — as you mentioned — that pattern strengthens your case. The court may also direct the college to produce its fee schedule and justify the Rs. 1500 per day charge.
Timeline of Legal Process
- Step 1 — Legal Notice: 14 days to respond. This is a pre-litigation step; many colleges settle at this stage.
- Step 2 — Filing Writ Petition: Once filed, the court may issue notice to the college within 2-4 weeks.
- Step 3 — Interim Relief Hearing: The court may pass an interim order within 2-3 months, directing the college to allow internship completion pending final decision.
- Step 4 — Final Hearing: Typically takes 6-12 months for a writ petition, depending on the High Court's workload.
- Step 5 — Appeal: Either side can appeal to the Supreme Court within 90 days.
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, and that is often the best outcome for both sides. Mediation is possible under Section 12 of the Legal Services Authorities Act, 1987, and the court may refer your matter to Lok Adalat. In mediation, you can negotiate a reasonable condonation fee — what the NMC actually prescribes, not the college's arbitrary rate. Your legal notice itself may prompt the college to reconsider, especially if you copy the NMC and the Dental Council of India on the notice. Settlement avoids prolonged litigation and gets you back to completing your internship faster.
Common Mistakes People Make
- Paying in cash without a receipt: This only encourages the college's practice and leaves you with no proof of payment.
- Waiting passively for months: The longer you wait, the weaker your position becomes. The college is using stalling tactics to pressure you into paying.
- Not documenting everything: Every conversation, every email, every refusal — write it down. This becomes evidence.
- Approaching a lawyer who does not handle education or writ matters: This type of case requires domain-specific experience — familiarity with NMC regulations, High Court writ procedures, and interim relief strategies. A general practitioner may miss procedural nuances or fail to frame the petition correctly, delaying the outcome.
- Posting about the issue on social media: While it may vent frustration, it can harm your case if the college uses it against you in court. Stick to formal legal channels.
- Ignoring other affected students: You are not alone. A united front — even if just two or three students — makes a stronger case.
FAQs People Normally Have
Can I file a police complaint against the college?
This is primarily a civil/administrative matter, not a criminal one. However, if the college has forged records or extorted money, a criminal complaint for cheating (Section 318 BNS) could be explored. But your first remedy is the High Court.
Will the college retaliate if I send a legal notice?
They cannot legally retaliate. If they do — by withholding your degree or denying internship despite a court order — they would be in contempt of court. That only strengthens your case.
How long does a writ petition take?
Interim orders can come within 2-3 months. Final disposal may take 6-12 months. But given the pressure on the college, settlement often happens earlier.
What if I cannot afford a lawyer?
Consider approaching a student legal aid clinic at a nearby law college, or check if your state bar association offers pro bono services. However, for a writ petition, investing in a qualified lawyer is strongly advisable.
Can I sue the college for loss of career opportunity?
Yes, if the delay caused by the college's actions has cost you a job or admission to a postgraduate programme, you can claim damages. This would be part of your writ petition or a separate civil suit.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India