The Rajasthan High Court has held that a university cannot withhold a student’s original academic documents simply to recover future or outstanding fees. The case involved a former MBBS student who had submitted her original documents at the time of admission but later withdrew from the course and sought admission in another university. When she requested the return of her original certificates and mark sheets, the former institution refused, claiming that returning the documents without payment of pending or future fees would cause financial loss, particularly because the vacated seat might remain unfilled and the college would lose its fees for subsequent years.
The student had completed her first and second years of the MBBS course and had also paid the third-year fees before deciding to withdraw due to health reasons. Upon applying to a new college, she was informed that submission of original certificates and mark-sheets was required, but the previous university retained them. She then filed a writ petition seeking directions for the release of her documents.
The High Court examined the university’s arguments and rejected them. It observed that original documents submitted by a student, including mark-sheets, certificates, or other credentials, are the personal property of the student. Retention of such documents by an educational institution cannot be treated as a lawful mechanism to enforce payment of future fees or dues. The Court emphasized that using original documents as collateral or security for unpaid fees undermines the purpose of submitting them at the time of admission, which is to verify eligibility and maintain academic records.
Accordingly, the Court directed the university to return all original documents to the petitioner immediately. It clarified that while an institution may have claims for unpaid fees or other dues, its remedy lies in pursuing legal or civil proceedings for fee recovery and not by depriving students of their academic credentials. The judgment reinforced that a student’s certificates and mark-sheets are their individual property and cannot be held hostage to enforce fee payment.
The ruling aligns with a broader judicial approach that original academic documents should be released to students even if there are outstanding dues. It underscores that institutions must pursue fee claims through proper legal channels rather than coercive retention, ensuring that students are not unfairly deprived of documents necessary for continuing education or professional purposes.
0 Comments
Thank you for your response. It will help us to improve in the future.