Regarding discontinue of MD/MS course after a year

683 votes

you don't have to pay penalty of 15 lakhs to get back your certificates, you can file a mandamus writ petition in high court or you can file consumer complaint against the university. feel free to contact for any legal advice.

Advocate Vignesh Kasinathan LawRato

668 votes

This is not normal, and you definitely have legal remedies. A ₹15 lakh penalty for discontinuation is usually challengeable. Let’s break it clearly 1. What colleges rely on Private medical colleges in Tamil Nadu (under National Medical Commission / state rules) often take: Bond / undertaking Clause saying: “If you discontinue, pay remaining course fees / penalty” But courts have repeatedly said: Colleges cannot unjustly enrich They can only recover reasonable loss, not arbitrary penalty 2. Your case – strong points You have good legal grounds: You studied only ~6 months You already paid ₹13 lakhs (far more than 1st year fee ₹3.25L) Discontinuation due to health reasons (important ground) Now asking ₹15 lakhs extra → looks excessive & unfair This can be challenged as: Unfair trade practice Penalty clause (void if excessive) under Indian Contract Act, 1872 3. What Supreme Court/HC generally say Courts usually allow colleges to: Recover actual loss (1 year fee or seat vacancy loss) BUT NOT: Double recovery Huge penalties like ₹15L without justification 4. What you should do (practical steps) Step 1 – Send Legal Notice Send a strong legal notice demanding: Return of your original certificates Adjustment of ₹13L already paid Reject illegal ₹15L demand Mention: Health reason Excess payment Unreasonable penalty Step 2 – File case (very effective) You can go to: Option A: Consumer Court Against deficiency of service Fast + effective Option B: High Court (Writ Petition) For certificate return Very common in Tamil Nadu Courts often order: “Return certificates immediately” Dispute fee separately Step 3 – Complaint to authority File complaint with: Directorate of Medical Education Tamil Nadu National Medical Commission 5. Important strategy Don’t wait more — delay weakens your case Don’t sign any new undertaking Keep proof of: Payments (₹13L) Medical records Admission documents 6. Reality check (very important) Most similar cases end like this: Court orders certificate release College may get reasonable deduction (maybe 1 year fee or less) NOT ₹15 lakhs

Advocate Sreebalaji LawRato