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: A medical college cannot legally withhold your MBBS degree certificate because of alleged misconduct by other students you weren't involved in. The college's demand for payment to repair chairs — with no official order — looks like extortion, not a legitimate penalty. You have multiple legal remedies: file a complaint with the university Vice Chancellor, approach the District Collector, file a police complaint, or apply to the High Court for a writ of mandamus to force release of your degree.
The problem started in early June 2025 at a government medical college in Lucknow. The 2020 batch was told to come collect their MBBS degree certificates — needed for NEET PG 2026 applications by 30 June. They waited over an hour. No certificates. A staff member then announced the principal had ordered they not be handed over. When the batch approached the principal, he was dismissive and told them to "call the media" and accused the batch of vandalising government property. The real issue? Some students broke chairs during the convocation on 18 May 2025. A committee was formed but never finished its work. The twist: the principal wanted 55,000 rupees collected from each student — unofficially — to pay vendors for chair repairs. No written order. No official notice. Just a demand. The students who weren't even present that night were also asked to pay. The batch approached the Chamber of Advocate Sudhir Rao after their own efforts with the administration went nowhere. Advocate Sudhir Rao and his office evaluated the situation and realised this was an illegal withholding of a statutory document — the degree certificate — under the guise of collective punishment. They filed a writ petition before the Lucknow Bench of the Allahabad High Court, arguing that the college had no authority to detain the certificates for an act most students weren't involved in. The court agreed and directed the college to issue the certificates within two weeks. Advocate Sudhir Rao's experience in education law and writ jurisdiction helped secure this outcome.Key Facts of the Case
- The medical college withheld MBBS degree certificates for the 2020 batch without any written order.
- The stated reason involved vandalism by a few students on 18 May 2025 at a convocation event.
- An investigating committee was formed but never concluded its work — investigation had no timeline.
- The principal demanded 55,000 rupees per student unofficially for chair repairs, with no receipt or official notice.
- Students who were not even present at the event were also asked to pay.
- The certificates were needed urgently for NEET PG 2026 applications with a 30 June 2025 deadline.
- The High Court ruled the college had no right to detain the certificates for the alleged misconduct.
The Direct Legal Answer
Can a medical college withhold your degree certificate for misconduct by other students?
No. Absolute no. A degree certificate is a statutory document. Once you complete your course and pass all exams, you are entitled to it. The college cannot impose collective punishment — holding everyone's certificate because a few students broke chairs is illegal.
Is the 55,000 rupee demand legal?
That's not a legal demand. That's extortion, plain and simple. The principal himself said it would happen "unofficially" with no written notice. Under the Bharatiya Nyaya Sanhita, 2023, demanding money by threat of withholding property is extortion under Section 308. If you pay, you're being blackmailed into funding repairs for something you didn't do.
What should you do immediately?
First, do not pay. Second, send a written representation to the Vice Chancellor of your university detailing everything. Third, file a complaint at the nearest police station. Fourth, approach the District Collector. And finally, file a writ petition before the High Court for a mandamus — that's a court order directing the college to release your certificates.
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.
Document everything. Keep all communication with the college administration — emails, WhatsApp messages, voice recordings, whatever you have. Take screenshots. Get statements from batchmates willing to testify that they weren't involved in the incident. This type of matter involves writ jurisdiction and education law — nuances that general practitioners often miss. An advocate who regularly handles such cases can move faster and frame the right legal arguments.
Applicable Sections of Law
- Section 308 BNS (Extortion): Whoever intentionally puts any person in fear of injury and thereby induces that person to deliver any property — including money — commits extortion.
- Section 351 BNS (Criminal Intimidation): Threatening someone with injury to their reputation or property is a separate offence.
- Article 226 of the Constitution of India: This gives the High Court power to issue writs, including mandamus, to compel a public authority to perform its duty — here, issuing the degree certificate.
- Section 82 of the Evidence Act, 1872: Presumption as to documents — a degree certificate is a public document, and its withholding without legal authority is improper.
Punishment and Penalties
- Section 308 BNS (Extortion): Imprisonment up to 7 years and fine.
- Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years or fine or both.
- Both offences are cognizable — police can arrest without warrant.
- Both are non-bailable — bail is at the court's discretion.
- Section 308 BNS is non-compoundable — cannot be settled privately without court approval.
Jurisdiction — Where to File the Case
The police complaint should be filed at the police station having territorial jurisdiction over the medical college — that's where the extortion demand happened. For the writ petition, approach the High Court that has jurisdiction over the state where the college is located. In this case, the Lucknow Bench of the Allahabad High Court. The District Collector's office also has jurisdiction within that district. Jurisdiction matters because the wrong forum can delay your remedy by weeks or months.
What if Police Refuse to File FIR?
Police sometimes refuse to register an FIR in institutional matters. Here's what you do:
- Approach the Superintendent of Police under Section 173(4) BNSS — a written complaint to the SP can compel the station to register the FIR.
- File a private complaint before the Magistrate under Section 175(3) BNSS — the Magistrate can direct police investigation.
- As a last resort, file a writ petition in the High Court under Article 226 seeking a direction to the police to register the FIR.
- Keep a copy of your complaint with proof of delivery — this establishes that you reported the offence.
Rights of the Accused
- Right to remain silent and against self-incrimination — Article 20(3) of the Constitution.
- Right to legal representation — Article 22 guarantees the right to consult and be defended by a lawyer.
- Right to be produced before a Magistrate within 24 hours of arrest — mandatory under BNSS.
- Right to a copy of the FIR — must be provided free of cost.
- Right to know the grounds of arrest — both orally and in writing.
Bail Provisions
Extortion (Section 308 BNS) is non-bailable. That means bail is not automatic — the accused must apply to the court. Anticipatory bail under Section 482 BNSS is available for those who anticipate arrest in such cases. Regular bail under Section 480 BNSS can be applied for after arrest. The court considers factors like the gravity of the offence, likelihood of the accused fleeing, and whether evidence tampering is likely. A good bail strategy involves showing the accused is a first-time offender with no criminal antecedents.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceeding if it's an abuse of process of law. Grounds include: no prima facie offence made out, the matter is purely civil in nature, or the parties have settled the dispute in compoundable offences. But here — the college principal's actions clearly constitute extortion, so quashing would be difficult. However, if the college administration realises its mistake and returns the certificates, that might weaken the criminal case.
If You Are the Victim
- Do not pay the demanded money — it's extortion, and paying encourages the behaviour.
- File a written complaint with the university Vice Chancellor — they have oversight over affiliated colleges.
- Approach the District Collector or Chief Minister's Grievance Portal — often gets quick attention.
- File a police complaint for extortion and criminal intimidation under BNS.
- Consider a writ petition before the High Court if the college remains intransigent.
Documents You Must Keep Ready
- Identity proof — Aadhaar card, PAN card, or voter ID.
- University registration documents and admission records.
- Any communication from the college regarding the degree certificate.
- Proof of convocation attendance or that you completed the course.
- NEET PG application proof if the deadline is approaching.
- Photographs or videos of the incident, if available.
- Any emails, WhatsApp chats, or messages from the administration.
- List of batchmates willing to provide witness statements.
What Evidence Is Required?
- Primary evidence: Your degree certificate itself (if you have a provisional certificate or mark sheets that prove completion).
- Documentary evidence: All college communications, official letters, and notices.
- Electronic evidence: WhatsApp chats, emails, voice recordings of the principal's demand.
- Witness testimony: Batchmates who were present and heard the principal's demands.
- Video evidence: CCTV footage from the college, if accessible.
- Secondary evidence: Photographs of the damaged chairs — to show you were not involved.
How the Police Behave in Such Cases
Police in an institutional case like this often hesitate. They may ask you to "settle it with the college" or "talk to the higher authorities." That's standard reluctance, not a legal barrier. If the FIR is not registered immediately, escalate to the SP or the Magistrate. Police are required by law to register an FIR when a cognizable offence is disclosed. Extortion under Section 308 BNS is clearly cognizable — they have no excuse.
Timeline of Legal Process
- FIR registration: Same day or within 24 hours if police cooperate.
- Police investigation: 30-90 days depending on complexity.
- Chargesheet filing: Within 60-90 days for most offences.
- Cognizance by Magistrate: Within 15-30 days after chargesheet.
- Framing of charges: Within 30 days of cognizance.
- Trial: 6-12 months for summary trial, 12-24 months for warrant trial.
- Writ petition before High Court: 2-4 weeks for interim orders, 3-6 months for final disposal.
- Appeal: 6-12 months in High Court or Supreme Court.
How Long Will the Investigation Take?
Police investigation in a simple extortion case under Section 308 BNS typically takes 30 to 60 days. The investigating officer will record statements, collect documentary evidence, and submit a chargesheet. If the college principal cooperates — which is unlikely — it might be faster. But if there are political or institutional pressures, the investigation could stretch to 90 days or more.
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?
This case is about extortion — a non-compoundable offence. That means you cannot settle it privately and have the criminal case dropped easily. However, if the college releases the certificates and the principal apologises, you can approach the High Court for quashing based on settlement, though that's at the court's discretion. For the civil aspect — the withholding of the degree — a settlement is possible if the college agrees to issue the certificates. But make no mistake, paying the 55,000 rupees to get your certificate back is not a settlement; it's capitulation to blackmail.
Common Mistakes People Make
- Paying the demanded money out of desperation — this encourages more demands and may waive your legal right to challenge the action.
- Destroying or losing communication records — WhatsApp chats, emails, and voice recordings are crucial evidence.
- Confronting the principal or administration without witnesses — they can deny your version later.
- Posting about the incident on social media before legal recourse — this can prejudice your case and be used against you.
- Engaging a lawyer who does not regularly handle education law or writ jurisdiction — a general practitioner may not understand the urgency of writ remedies or the specific arguments needed to compel certificate release. Domain-specific experience affects procedural strategy, evidence handling, and the speed of the outcome.
- Delaying action — missing the NEET PG deadline could have long-term career consequences.
FAQs People Normally Have
Can I file a case against the college without a lawyer?
You can, but it's risky. Writ petitions require proper drafting, and the High Court's rules are strict. A lawyer experienced in education matters can make the difference between getting an interim order in two weeks versus waiting months.
Will the police take action against a government college principal?
Yes, if the complaint discloses a cognizable offence. Police cannot refuse to register an FIR simply because the accused is a senior official. If they do, escalate as described above.
How urgent is this?
Very. NEET PG 2026 applications have a deadline. If you miss it because the college withheld your certificate, you may need to file a separate case to extend the deadline — which is possible but complicated.
What if the college says the degree certificate is "under process"?
That's a common delay tactic. If you completed the course and passed exams, the certificate should be ready. Demand it in writing. If they refuse, that's your evidence.
Can I approach the National Medical Commission?
Absolutely. The NMC has oversight over medical colleges. A complaint to them can trigger an inspection and disciplinary action against the college.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India