Response
Fee refunds and original documentation are explicitly defined by the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE), which supervise technical education in the nation.
They include provisions for punitive action against institutions that violate the rules. According to AICTE rules, “any violation of AICTE directives will result in disciplinary action, including the loss of accreditation and recognition of erring institutions and universities.”according to AICTE rule. The AICTE will take all necessary efforts to implement these directives on its own or in response to particular complaints from individuals impacted.”
If an institution is found guilty of concealing student records, the UGC has equivalent measures.
Students can write to the UGC or the AICTE describing the matter if institutions refuse to return the original certificates. Last year, the Karnataka High Court decided that institutions cannot hold students “to ransom” by refusing to release their diplomas and grade cards.
The court ordered Oxford College of Engineering in Bengaluru to restore the testimonies of a student who had dropped out of her engineering programme. While hearing a lawsuit against private self-financing schools, the Kerala High Court ruled that colleges cannot withhold student diplomas pending payment of fees, stating that such a practise is unlawful and contrary to public policy.
When a college withheld a student’s certificates in 2013, the Madras High Court issued a similar ruling, stating, “Those certificates are not like fixed deposit receipts on which banks claim a general lien in terms of Section 171 of the Contract Act,” and ordering the college to return them immediately.
However, if the institution has a policy governing student withdrawal during the course, it must be observed.
It’s possible that you’ll have to pay some costs.
Reference: Section 171 of the Contract Act
University Grants Commission Act,1956
India Council for Technical Education Act, 1987 – – AHG216 – 202100581 – 118 – 88 – 202100317-20210033-2218
LAWAYZ-2023-960
