Can i reclaim certificate from dropped out college without paying fees

941 votes

Colleges cannot use educational qualification certificates, submitted by a student at the time of admission, as a bait to recover monetary dues when the student is about to leave the institution, the Madras High Court Bench here has said.

Justice V. Ramasubramanian made the observation while allowing a writ petition filed by the mother of an engineering student. The judge said: “The certificates of the petitioner’s daughter represent her property. They cannot be retained by the college at any rate.

“Even if the college has any monetary claim, refusal to give the certificates is not the method by which the claim can be enforced.

There is no lien (a form of security interest granted over a property to secure the payment of debt or performance of some other obligation) on the certificates of the petitioner’s daughter.”

On the contention of the college that it could not afford to let a student leave the college midway without payment of fees for the entire duration of the course, the judge said that the case before him was not about the entitlement of the college to collect the balance fees.

It was about the refusal to return certificates submitted at the time of admission. “Those certificates are not like fixed deposit receipts on which banks claim a general lien in terms of Section 171 of the Contract Act,” he observed and directed the college to return them forthwith.

Advocate Siddhant Sharma LawRato

990 votes

Dear Client,
This is a problem faced by many students across India. Taking an admission for a course and leaving in the middle of a course is not allowed by universities since it loses the chance of a student and financial prospects of an institution.
But they have no right to len your certificates and they can with hold the issue of Transfer Certificate to you till the full fee is paid. You may contact the concerned University and see the university regulation regarding payment of fee of entire course at first. Then if the stipulation regarding full payment of fee is not there. Just issues notice to the college authorities seeking return of certificates transfer and conducr certificates .
Even if such a regulation is not there you may fike a consumer complaint before the concerned cdrf, along with a petition to call for the documents and keep it in the custody of the cdrf, and you secure admission to your desired course. Specifically add this petition has to be allowed to avoid loosing a precious academic year and up on your guardians surety the certificates will be returned to you, and we can expect the cdrf will take a lenient view in your car.

Advocate Sachindas P LawRato

987 votes

This cannot be answered without seeing the prospects of the college/ entrance examination. If there is a condition for liquidated damages in the prospects for discontinuing the course you have to pay the entire fees and damages. You please consult a lawyer with all documents..

Advocate Abdurahiman V P LawRato