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

Mr. Aryan, a student at the esteemed Zenith Institute of Technology in the city of Gyanpur, found himself in a deeply distressing situation. He was grappling with mental health challenges towards the end of his semester, and his college principal, Dr. Singh, compassionately suggested he return to his hometown to rest and recover, granting him official permission to do so. While at home, Aryan diligently followed medical advice and was on the path to recovery.

His Head of Department (HoD), Mrs. Mehra, then called him, instructing him to return to the campus to take his makeup examinations. Aryan, despite his anxiety about returning to an empty campus as his peers had left for the holidays, complied. However, upon his arrival, he was met with a shocking and cold reception from Mrs. Mehra, who disavowed any responsibility and told him to deal with the Controller of Examinations (CoE), Mr. Khanna, on his own. This sudden abandonment left Aryan feeling devastated.

The situation worsened when his off-campus landlord abruptly asked him to vacate his room. The next day, Mr. Khanna, the CoE, refused to let him sit for the exams, falsely claiming there had been no prior communication, despite the fact that his return was orchestrated by the HoD and the principal. With no place to stay and denied his right to take his exams, Aryan was overwhelmed. He sent detailed emails and messages to Dr. Singh and Mrs. Mehra, explaining his plight.

When he met the principal, Dr. Singh was dismissive and failed to even recognize him properly, callously denying him hostel accommodation by stating he was now an “outsider.” Subsequently, Mrs. Mehra informed him that he would have to pay a staggering fee of ₹5,000 per subject for makeup exams or ₹3,500 per subject for supplementary exams. Given that he had missed nine subjects on the college’s own instruction, this felt like a penalty for following their orders. Feeling cornered, Aryan and his mother decided to pay for the supplementary exams.

Even after paying the fees, the ordeal continued with chaotic administrative processes and last-minute scheduling of internal tests, which were then abruptly cancelled for supplementary students, adding to his academic and mental stress. This relentless harassment and administrative apathy pushed Aryan to a breaking point, causing him severe emotional distress.

Advice in such cases

• Document everything meticulously. Keep records of all emails, text messages, official letters, and medical documents. Note down dates, times, and summaries of verbal conversations.
• Ensure all future communication with the college administration is in writing, preferably through email, to create a clear paper trail.
• Do not hesitate to seek support from family, friends, and mental health professionals to cope with the stress.
• 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

Such cases primarily fall under the ambit of civil and administrative law rather than criminal law, unless specific threats or harm are involved.

• Consumer Protection Act, 2019: The Supreme Court has held that education is a ‘service’. A student is a ‘consumer’, and the educational institution is a ‘service provider’. The college’s actions—such as sending a student home and then penalizing him for his absence, charging arbitrary fees, and causing mental agony through administrative negligence—can be classified as a ‘deficiency in service’ and ‘unfair trade practice’. A complaint can be filed in the appropriate Consumer Disputes Redressal Commission.
• Principles of Natural Justice: The college’s actions appear to violate these principles, especially ‘Audi Alteram Partem’ (hear the other side). The college cannot impose a penalty or deny a student their rights without a fair hearing and a just cause.
• University Grants Commission (UGC) Regulations: The UGC has specific regulations for Student Grievance Redressal. The college’s actions can be brought to the notice of the university’s grievance cell and the UGC itself.
• Indian Contract Act, 1872: The college prospectus, fee structure, and rules form an implied contract with the student. Any deviation or arbitrary action that harms the student can be considered a breach of this contract.

If you are the complainant

• Compile all your evidence systematically, including communications, receipts, and medical records.
• Draft a formal, detailed grievance letter addressed to the highest authorities in the college, such as the Principal, Dean, or Vice-Chancellor. Clearly state the facts, the injustice faced, and the remedy sought.
• If the college fails to provide a satisfactory resolution, escalate the matter to the Student Grievance Redressal Cell (SGRC) of the affiliated university.
• You can also file a grievance on the UGC’s online portal.
• 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.
• Based on your lawyer’s advice, you can send a formal legal notice to the college, which often prompts institutions to resolve the matter.
• Filing a complaint before the District Consumer Commission is a strong and effective legal remedy.

If you are the victim

• Your immediate priority is your well-being. Seek professional help for the mental and emotional distress you are experiencing.
• Avoid emotional or verbal confrontations with the administration. Maintain a calm and formal demeanor, and insist on written communication.
• Create a detailed chronology of all events. This timeline will be invaluable for any formal complaint or legal action.
• Do not feel isolated. Share your situation with trusted family members or friends who can provide emotional and practical support.
• 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

The police are generally reluctant to intervene in matters perceived as internal administrative issues of an educational institution. They would likely direct you to approach the college authorities, the university, or the consumer courts. Police intervention would only be warranted if a specific cognizable offense under the Bharatiya Nyaya Sanhita, 2023 (BNS) is clearly made out, such as criminal intimidation (Section 350 of BNS) or causing physical harm, which is not apparent in this scenario.

FAQs people normally have

• Can the college legally penalize me for missing exams after they themselves instructed me to go home for medical reasons?
  

  No. This is arbitrary and unjust. The legal principle of estoppel applies here, meaning the college cannot penalize you for an action you took based on their own direction and assurance.

  
  
• Are colleges allowed to charge exorbitant fees for supplementary or makeup exams?
  

  All fees must be in accordance with the rules and regulations prescribed by the university and regulatory bodies like the UGC. Any arbitrary or excessively high fee can be legally challenged as an unfair trade practice under the Consumer Protection Act.

  
  
• What are my rights regarding hostel accommodation if it was indicated or promised to me?
  

  If there was a reasonable expectation or promise of accommodation, its denial, especially in such circumstances, can be considered a deficiency in service. This strengthens a potential case in a consumer court.

  
  

What evidence is required?

• All email correspondence and screenshots of WhatsApp/text messages with the principal, HoD, and other college officials.
• Medical certificates, prescriptions, and records documenting your health issues and treatment.
• Receipts for any fees paid, including the supplementary exam fees.
• The college prospectus, student handbook, and any relevant circulars regarding examinations and fees.
• A detailed, self-written timeline of the events.
• If possible, statements from any friends or family members who witnessed your distress or were aware of the communications.

How long will the investigation take?

The timeline for resolution varies significantly based on the path you choose:

• Internal Grievance Process: This may take a few weeks to a couple of months, but it may not yield a fair result.
• University/UGC Grievance: This process can take anywhere from two to six months, or sometimes longer.
• Consumer Court Complaint: A case in the consumer court can take from six months to a few years to reach a final decision, though interim relief is sometimes possible.

Advocate Sudhir Rao, Supreme Court of India