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

A young student, let’s call him Sameer, moved to a new city, Navnagar, to pursue his master’s degree at ‘Pragyan University’. His excitement soon turned into frustration as the university administration created significant hurdles. For nearly two months, the university has failed to issue his official student ID card, making daily access to the campus a struggle with security personnel.

Furthermore, the university is pressuring Sameer to live in their designated hostel. To live off-campus, they have imposed a set of highly unreasonable conditions. They demand the submission of the original rental agreement, Sameer’s original Aadhaar card, his parents’ original Aadhaar cards, and even the original Aadhaar card of his landlord, Mr. Gupta, for verification. Understandably, Mr. Gupta is unwilling to hand over his original identity documents to a third party. Despite Sameer applying for his ID card multiple times and trying to reason with the administration, he is stuck in a loop, facing daily harassment and administrative apathy. He is now considering what legal action he can take against the university for these arbitrary and burdensome rules.

Advice in such cases

Navigating conflicts with a large educational institution can be intimidating. Here are some steps to consider:

• Review University Prospectus and Regulations: Carefully read the terms and conditions mentioned in the university’s prospectus and student handbook that you agreed to at the time of admission. The university is bound by its own rules, and any action beyond their stated policies can be challenged.
• Formal Written Communication: Draft a formal letter or email to the university’s highest authorities, such as the Dean, Registrar, or Vice-Chancellor. Clearly state the problem, the arbitrary demands being made, the inconvenience caused, and the specific rules being violated. This creates a formal record of your complaint.
• Escalate to Regulatory Bodies: You can file a grievance with the University Grants Commission (UGC) through their online student grievance redressal portal. Such bodies can issue directives to the university.
• 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

Several legal principles can be invoked in such a scenario:

• Law of Contracts: The relationship between a student and a university is primarily contractual. The fees you pay are consideration for the service of education. Unilateral, arbitrary, and unreasonable changes or conditions imposed by the university can be considered a breach of this contract.
• Constitutional Rights: The university’s actions can be challenged as a violation of fundamental rights under the Constitution of India. Article 19(1)(d) guarantees the right to move freely throughout the territory of India, and Article 21 guarantees the right to life and personal liberty, which has been interpreted to include the right to education with dignity. Forcing a student to stay in a particular place or creating impossible conditions to live elsewhere is an unreasonable restriction.
• Deficiency in Service under the Consumer Protection Act, 2019: A student paying fees is a ‘consumer,’ and education is a ‘service.’ Withholding an essential document like an ID card and imposing harassing conditions amount to a ‘deficiency in service.’ You can file a complaint in the appropriate Consumer Disputes Redressal Commission.
• The Aadhaar Act, 2016: Demanding the original Aadhaar card of a third party like a landlord is highly improper and likely illegal. The Act has strict provisions regarding the collection, storage, and use of Aadhaar data, and no entity can compel an individual to produce their original Aadhaar card, especially for such verification purposes.

If you are the complainant

If you decide to take legal action as the complainant (the student), here is the path forward:

• Gather All Documentation: Collect all relevant documents, including fee receipts, admission confirmation letters, copies of the ID card applications, the university prospectus, and any email or written correspondence with the administration.
• Send a Legal Notice: Your lawyer can draft and send a formal Legal Notice to the university. This notice will outline your grievances, cite the relevant laws being violated, and state your demands (e.g., immediate issuance of the ID card, withdrawal of unreasonable conditions) within a specific timeframe (usually 15 days). Often, a strong legal notice is enough to resolve the issue.
• File a Formal Complaint: If the notice is ignored, you can proceed with filing a complaint in a Consumer Court for deficiency in service or a writ petition in the High Court for violation of fundamental rights.
• 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 victim of the university’s arbitrary actions, your focus should be on protecting your rights and seeking a swift resolution:

• Maintain a Calm Demeanor: Do not get into aggressive verbal confrontations with the administrative staff. Keep all interactions formal and, if possible, in writing.
• Document Everything: Keep a detailed log of every interaction, including dates, times, names of officials you spoke with, and what was said. This record is invaluable evidence.
• Seek Collective Support: Speak to other students. If this is a widespread problem, forming a group and approaching the administration or taking legal action collectively can be more effective.
• 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 primarily a civil and administrative dispute, not a criminal one. The police have a very limited role and will likely not intervene. If you go to the police, they will probably advise you that this is a matter between you and the university and that you should seek a remedy through the courts or university grievance channels. Police intervention would only be warranted if the situation escalates to a cognizable criminal offense like wrongful confinement or criminal intimidation, which is not the case here.

FAQs people normally have

What evidence is required?

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

• Proof of studentship, such as fee receipts and admission confirmation letter.
• A copy of the university’s rulebook, regulations, or prospectus.
• Copies of the applications you submitted for the ID card.
• Any written communication with the university, especially emails or letters demanding the unreasonable documents.
• A copy of your rental agreement.
• A written statement or affidavit from your landlord stating their unwillingness to provide their original documents could also be helpful.

How long will the investigation take?

The timeline for resolution varies depending on the path you take:

• A legal notice typically gives the university 15-30 days to respond or comply. This can be the fastest solution.
• A complaint filed with the UGC or other regulatory bodies may take a few weeks to months to be acted upon.
• A case in the Consumer Court can take several months to over a year for a final decision.
• A writ petition in the High Court might get you quick interim relief (e.g., a court order to issue the ID card immediately), but the final hearing of the case can take a longer time.

Advocate Sudhir Rao, Supreme Court of India