Withholding of Student’s Certificate not permitted by Private Colleges

The rampant custom of withholding of certificates and non-issuance of transfer of certificate to students by private colleges unless they pay the entire fees of the course if leaving midway or coercing them to serve the institution, post completion of their course are brought to an end by Kerala High Court.

In the instant matter the petitioners claim that they are not liable to serve the college on completion of their course and hence their certificates cannot be withheld on that basis.

Also, the petitioners have been admitted in the college for the course in terms of the agreement entered into by the government with the Kerala Private Medical College Management Association.

However, the college argued that since the students have executed the bond voluntarily, they are bound to serve the college after completion of the course.

The Court has categorically denied the contention of the college and held that such bonds are illegal in the eyes of law and against the public policy. “ The agreements obtained by the College from petitioners authorising them to withhold the certificates of the petitioners cannot be accepted as an approved social conduct and the same, in that sense, is unethical. Further, agreements of that nature are against the public good and public interest as well. In the circumstances, even assuming that the agreement.bond executed by the petitioners in favour of the college authorising them to withhold their certificates is not void for want of consideration, the same is void as opposed to public policy, in the light of Section 23 of the Indian Contract Act.”

Therefore, through this landmark judgment, Justice P.B. Suresh Kumar has tightened the rein over private colleges and curbed such unfair practices which bring undue hardships to students. Such bonds so executed by the students are considered void ab initio having no consideration.