As per case facts, a student discontinued her MDS course due to unsatisfactory facilities after paying initial fees and submitting original documents. Upon withdrawal, the college refused to refund the ...
IN THE HIGH COURT AT CALCUTTA
(Constitutional Writ Jurisdiction)
APPELLATE SIDE
Present:
The Hon’ble Justice Krishna Rao
W.P.A. No. 28769 of 2024
Dr. Sreeparna Ghosh
Vs.
State of West Bengal & Ors.
Mr. Arkadyuti Pahari
Ms. Gargi Maity
Mr. Alik Mandi
....For the petitioner.
Ms. Munmun Ganguly
Mr. Biman Haldar
….For the State.
Mr. D.N. Maiti
Mr. A. Santra
…. For the respondent no. 4.
Mr. Bikash Ranjan Bhattacharya, Sr. Adv.
Mr. Uday Sankar Chattopadhyay
Ms. Trisha Rakshit
2
Ms. Rajashree Tah
Ms. Aishwarya Datta
Ms. Bidisha Chakraborty
Ms. Sreya Banerjee
Ms. Ankita Saha
….For the respondent no. 5.
Mr. Saibalendu Bhowmik
Mr. Rajsekhar Basu
Mr. Subrata Bhattacharjee
….For the respondent no.3.
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Yash Singhi
Mr. Sourav Bhagat
Mr. Jishnujit Roy
Ms. Deveshi Bose
….For W.B.M.C.
Hearing Concluded On : 11.06.2026
Judgment On : 23.06.2026
Uploaded On : 23.06.2026
Krishna Rao, J.:
1. The petitioner has filed the present writ petition praying for a direction
upon the respondent no. 5 to return all original documents and Rs.
9,50,000/- to the petitioner as she is not willing to continue with her
course in the respondent no. 5 college.
3
2. The petitioner after completion of her BDS Course from Kalinga Institute
of Dental Sciences had appeared for the NEET MDS to pursue her higher
studies and her rank was 8478. In the third round of counseling, she got
admission in the Haldia Institute of Dental Sciences and Research
(HIDSAR) to pursue her MDS course in Oral and Maxillofacial Surgery.
The petitioner was informed by the respondents that the Course fee is Rs.
27,00,000/- for three years and she has to pay Rs. 9,00,000/- as tuition
fees, Rs. 15,000/- as admission fees and Rs. 25,000/- on account of
student activities.
3. The petitioner has paid Rs. 9,50,000/- in total and also submitted her
following original documents as part of admission formalities and
requirements:
“1) NEET MDS 2024 Admit Card (Original),
2) NEET MDS Rank Card 2024 (Computer Copy),
3) Class X Admit Card (Original),
4) Domicile Certificate signed by the appropriate
authority (Original),
5) BDS Degree Certificate (Original),
6) Professional BDS Marksheet (Original),
7) Permanent Registration Certificate from West
Bengal Dental Council (Original),
8) Internship Completion Certificate (Original).”
4. The petitioner has attended the college for 6 days and found that the
concern college is not having proper educational facilities and guidance.
4
The petitioner realized that the college where the petitioner got admitted,
she will not meet her academic excellence and will not be in a position to
pursue her study, had applied for withdrawal of her admission from the
college and request is made for return of fees deposited by the petitioner
along with the original testimonials.
5. Mr. Arkadyuti Pahari, Learned Advocate representing the petitioner
submits that instead of returning fees and original testimonials, the
college authorities have directed the petitioner to pay the remaining fees of
Rs. 18,00,000/- and after depositing the remaining course fees of three
years only the original testimonials will be returned to the petitioner.
6. Mr. Pahari submits that in the absence of the original certificates
specifically the Bachelor Degree and Certificates, the petitioner is unable
to practice as a doctor. He further submits that without the original
certificates, the petitioner is unable to proceed further in her academic
career.
7. Mr. Pahari submits that the college is affiliated with West Bengal
University of Health Sciences, which is approved by the University Grants
Commission (UGC), thus the rules and regulations of the UGC are
applicable to the respondent college. He has relied upon the UGC Circular
dated 12
th
June, 2024 and submits that as per the said circular, the
petitioner is entitled to get refund of 100% course fees deposited by the
petitioner.
5
8. Mr. Pahari has relied upon the judgment in the case of Praneeth K. and
Others Vs. University Grants Commission (UGC) and Others reported
in (2021) 14 SCC 241 and submits that the University should adopt the
guidelines issued by the UGC and other statutory bodies from time to
time.
9. Mr. Pahari further relied upon the unreported judgment passed by the
Madras High Court in the case of M. Sumer Vs. The Chairman, PMR
Institute of Technology, Adayalampattu, Chennai and Others in
W.P.A. No. 19908 of 2009 dated 26
th
November, 2009 and submits that
the Madras High Court while considering the case of Islamic Academy of
Education Vs. The State of Karnataka reported in (2003) 6 SCC 697
held that the Hon’ble Supreme Court never held that to withhold the
Transfer Certificate only on the ground that full fees for 3
rd
and 4
th
year
were not paid.
10. Mr. Pahari has relied upon the judgment in the case of Shireen M.T. and
Others Vs. The State of Kerala and Others reported in 2017 SCC
OnLine Ker 2660 and submits that even an agreement is executed by the
petitioner in favour of the College authorizing them to withhold their
certificates is not void for want of consideration and the same is void as
opposed to public policy in terms of Section 23 of the Indian Contract Act,
1872.
6
11. Mr. Bikash Ranjan Bhattacharyya, Learned Senior Advocate representing
the respondent no.5 submits that the petitioner appeared in the National
Eligibility cum Entrance Test for MDS courses. The petitioner secured
8478 rank in the said examination. The petitioner was the 16
th
in the list
of admission of 23 candidates where the NEET rank of the highest rank
holder was 1184 in the year 2024-2025 session. The date of admission of
the petitioner is 29
th
August, 2024, under the Management Quota.
12. Mr. Bhattacharyya submits that on 22
nd
July, 2024, urgent notice
regarding surrender of seat for West Bengal NEET MDS 2024 counseling
was issued wherein it is mentioned that the seat surrender facility for
Round-1 was available from 11 A.M. to 2 P.M. on 24
th
, 25
th
and 26
th
July,
2024, and seat surrender for Round-2 was available from 11 A.M. to 2
P.M. on 10
th
, 12
th
and 13
th
August, 2024. Seat surrender of the admitted
candidates during the process of Round-1 was allowed without any
penalty and seat surrender of admitted candidates during the process of
Round-2 was allowed with forfeiture of admission fees. Seat surrender
from Round-3 was not allowed any further till counseling process was
over. The seat surrender with payment of bond penalty was possible only
after the counseling of all rounds was over for the session 2024-2025.
13. Mr. Bhattacharyya submits that on 29
th
August, 2024, the petitioner filled
up admission form and deposited Rs. 9,25,000/- and Rs. 25,000/- for
student activities. On the same day, the petitioner has submitted her
7
discontinuity bond on a stamp paper of Rs. 50/- in which the petitioner
undertook that she admitted herself in the Post Graduate Course under
the Management Quota and also undertook to pay the remaining amount
of the total amount of the tuition fees of the entire MDS three years course
if she resigned or discontinued the course before completion of course. On
2
nd
September, 2024, the petitioner informed the college that the
petitioner will join College from 2
nd
September, 2024.
14. On 10
th
September, 2024, the petitioner sent an e-mail intimating that she
wanted to discontinue the MDS course and requested to return all her
original documents along with the amount deposited by the petitioner. He
submits that upon receipt of the request of the petitioner, the same was
forwarded to the concern authorities and after considering the request and
the undertaking submitted by the petitioner, the respondents sent a reply
to the petitioner directing the petitioner to deposit the balance amount of
Rs. 18,00,000/- for getting back her original documents along with her
reliving letter.
15. Mr. Bhattacharyya submits that the Guidelines, if any, issued by
University Grants Commission, is not applicable to any medical college or
any dental college. He submits that the colleges are governed by the DCI
and the WBMCC. He submits that discontinuity bond has been introduced
all over India in all private medical and dental colleges. He has relied upon
the judgment in the case of Islamic Academy of Education and
8
Another Vs. State of Karnataka reported in (2003) 6 SCC 697 and
submits that some of the educational institutions are collecting in advance
the fees for the entire course because the institution was not sure whether
the student would leave the institution in midstream. He submits that if
the student leaves the institution in midstream, then for the remaining
years the seat would lie vacant and the institution would suffer.
16. There are two issues in the present case:
(i) Whether the letter issued by the University
Grants Commission dated 12
th
June, 2024, is
applicable to the college wherein the petitioner
got admission and;
(ii) Whether the respondent college can retain the
original certificates of the petitioner on the
pretext of payment of the balance amount of
Rs. 18,00,000/- as per the bond executed by
the petitioner.
17. The petitioner has relied upon the Fee Refund Policy 2024-2025 issued by
the University Grants Commission dated 12
th
June, 2024, which reads as
follows:
“Subject: Fee Refund Policy 2024-25
The University Grants Commission receives many
representations/complaints from students/parents on the non-
refund of fees by the Higher Education Institutions (HEIs) on
cancellation/withdrawal of admissions.
2. Students should be allowed a full refund of fees within a
specified period to enable them to opt for a course of their
choice.
9
3. The Commission has considered the matter in its 580th
meeting held on 15 May 2024, and after considering the
relevant factors decided, the following fee refund policy for the
academic session 2024-25:
a. Notwithstanding anything contained in any guidelines/
prospectus/ notification/ schedule, a full refund of fees
shall be made by the HEIs on account of all cancellations
of admissions/migrations of students up to 30 September
2024 and with a deduction of not more than Rs. 1,000, as
a processing fee, up to 31 October 2024.
b. It shall apply to all higher education institutions, whether
established or incorporated by or under a Central Act or a
State Act, and every institution recognized by the
University Grants Commission under clause (f) of Section
2 of the University Grants Commission Act, 1956 and to
all institutions deemed to be a University declared as
such under Section 3 therein and to all higher education
institutions affiliated to a University.
c. These guidelines would also be applicable to
organizations, consortiums, committees, associations, etc.,
constituted for the purpose of conducting counseling or
processing admissions and collecting fees on behalf of
participating HEIs, and the HEI concerned will be
responsible for refund fees.
d. For any admission schedule extending/commencing
beyond/after 31 October 2024, the provisions contained
in the UGC Notification issued in October 2018 on Refund
of Fees and Non-Retention of Original Certificates shall
apply (reproduced below for ready for reference):
Category Percentage of
Refund of
fees*
Point of time
when notice of
withdrawal of
admission is
received in the
HEI
(1) 100% 15 days or more
before the
formally notified
last date of
10
admission
(2) 90% Less than 15
days before the
formally notified
last date of
admission
(3) 80% 15 days or less
after the formally
notified last date
of admission
(4) 50% 30 days or less,
but more than 15
days after
formally notified
last date of
admission
(5) 00% More than 30
days after
formally notified
last date of
admission
e. This policy will remain in force for subsequent academic
session until the issuance of a revised policy by the UGC.
4. It may also be noted that the UGC has notified the Redressal
of Grievances of Students Regulations, 2023, wherein "delay in,
or denial of, the refund of fees due to a student who withdraws
admission within the time mentioned in the prospectus, subject
to guidelines, if any, issued by the Commission, from time to
time" has been defined as one of the grievances.
5. The Higher Education Institutions are requested to ensure
compliance with the fee refund policy for the academic session
2024-25 and redress any grievance by the provisions of the
University Grants Commission (Redressal of Grievances of
Students) Regulations, 2023.
6. Any HEI violating the provisions of UGC Fee Refund Policy
2024-25 shall be liable for punitive action as notified in Clause
5 of the UGC Notification on Refund of Fees and Non- Retention
of Original Certificates issued in October 2018.”
11
18. The respondent no. 5 college denied for applicability of the said guidelines
to any medical college or any dental college. It is the case of the college
authorities that the colleges are governed under the Dental Council of
India and West Bengal Dental Counseling Committee. Haldia Institute of
Dental Sciences and Research (HIDSAR) is the approved list of the UGC
but primary regulatory body for the said Institute is not the UGC.
19. In the case of Praneeth K. and Others (supra), the Hon’ble Supreme
Court decided the issue whether the Guidelines issued by the UGC have
any statutory force or only a non-statutory and advisory. The Hon’ble
Supreme Court held as follows:
“86. Now, coming to the first part of the issue that the
Guidelines are non-statutory and advisory only,
it is the case of both the parties that Guidelines
have been issued by UGC in exercise of power
under Section 12. Section 12 of the Act provides
that it shall be the general duty of the
Commission to take all such steps as it may
think fit for the promotion and coordination of
university education and for the determination
and maintenance of standards of teaching,
examination and research in universities. The
words “all such steps” are of wide import. The
steps referred to in Section 12 may include
issuance of guidelines, directions, circulars, etc.
The Guidelines dated 6-7-2020 have to be
treated to have been issued in exercise of
statutory powers vested in the Commission under
Section 12. Guidelines issued in exercise of
statutory powers, thus, cannot be said to be non-
statutory.
12
87. There is one more reason to hold the Guidelines
have statutory force. The University Grants
Commission, in exercise of power under Section
26 sub-section (1) of the 1956 Act has made the
Regulations, namely, “the UGC (Minimum
Standards of Instruction for the Grant of the
Master's Degree through Formal Education) the
2003 Regulations”, on which both learned
counsel for the petitioners as well as learned
counsel for UGC have placed reliance. Regulation
6, which deals with “examination and
evaluation” contains following regulation as
Regulation 6.1:
“6.1. The university shall adopt the guidelines
issued by UGC and other statutory bodies
concerned from time to time in respect of
conduct of examinations.”
88. The statutory Regulation, 2003 thus, categorically
requires universities to adopt the Guidelines
issued by UGC, hence, it is the statutory duty of
the universities to adopt the guidelines issued by
UGC. It is the statutory obligation of the
universities to adopt the Guidelines and the
Guidelines cannot be ignored by terming it as
non-statutory or advisory.”
20. The policy dated 12
th
June, 2024, issued by the UGC after consideration
of the representations of students and parents on the non-refund of fees
by the Higher Education Institutions on cancellation/ withdrawal of
admission. In paragraph 3(a) of the said guidelines provides that a full
refund of fees shall be made by the Higher Education Institutions on
account of all cancellations of admission/ migration of students upto 30
th
September, 2024 and with a deduction of not more than Rs. 1,000/- as
processing fees upto 31
st
October, 2024.
13
21. The petitioner herein got admitted in the college on 29
th
August, 2024 and
deposited the total amount of Rs. 9,50,000/-. On 10
th
September, 2024,
the petitioner sent an email to the college authorities informing that she
wanted to discontinue the MDS course and requested to return her
original testimonials and the amount of Rs. 9,50,000/-.
22. The guidelines issued by the UGC dated 12
th
June, 2024 provide for a full
refund of fees, if the admission is cancelled up to 30
th
September, 2024.
The petitioner has informed the college that she is not intending to
continue MDS course and requested for refund of fees deposited on 10
th
September, 2024.
23. Considering the judgments passed by the Hon’ble Supreme Court and
Clause 3(a) of the Guidelines dated 12
th
June, 2024, the petitioner is
entitled to get the full amount of Rs.9,50,000/- from the respondent no.5.
24. The respondent no. 5 has relied upon the Circular dated 22
nd
July, 2024,
issued by the WBMCC and the bond executed by the petitioner on 29
th
August, 2024 which reads as follows:
“Govt. of West Bengal
Directorate of Medical Education
Swasthya Bhavan, GN-29, Sector – V, Salt Lake,
Kolkata – 700091
Memo No. HFW-23099/206/2023/M/1832 Dated 22.07.2024
Urgent Notice related to Seat Surrender for WB NEET MDS 2024
Counseling
14
The seat surrender facility for Round 1 is available from 11 am till 2
pm of 24.07.2024, 25.07.2024 and 26.07.2024. Similarly the seat
surrender facility is available for Round 2 from 11 am till 2 pm of
10.08.2024, 12.08.2024 and 13.08.2024.
It is hereby further reiterated that the seat surrender of the admitted
candidate during the process of Round 1 is allowed without any
penalty money. The seat surrender of the admitted candidate
during the process of Round 2 is allowed but with forfeiture of
admission fees. Such candidate must apply in person before the
admitted college for seat surrender and must receive the server
generated Seat surrender letter. Otherwise, the name of such
candidate shall continue to appear in the admitted candidate list of the
said college. Such candidate is however not allowed any further in the
counseling process. The seat surrender is not allowed from Round 3
counseling any further till the counseling process is over. The seal
surrender with payment of bond penalty is possible only after the
counseling of all round is over for the session 2024-25.
This is in the interest of public service and all concerned are hereby
informed accordingly.
Director of Medical Education and Chairman WBMCC
Govt. of West Bengal”
“DISCONTINUITY BOND
Discontinuity Bond by the candidate taking admission in Post
graduate Degree Course (MDS) at Haldia Institute of Dental
Sciences and Research, for the session 2024-2025.
I, Dr. Sreeparna Ghosh
S/o/D/o Ardhendu Ghosh
Resident of Boro Kalitala, Chandannagar, Hooghly, West Bengal
____________________________________________________________________
have taken admission in Post Graduate degree course (MDS) at Haldia
Institute of Dental Sciences and Research, Banbishnupur, PO-
Balughata, PS-Bhawanipur, Haldia, Pin – 721645, Purba Medinipur,
under Management Quota seat do hereby undertake to pay the
remaining amount of total tuition fee of the entire MDS course (Three
15
years) if I resign or discontinue the course before completion of the
tenure.
Full Signature of the Candidate Sreeparna Ghosh………………………….
Full Signature of the Guardian Ardhendu Ghosh……………………………
Candidate Mobile No.8240902004…Guardian Mobile No.9831946435.
E-mail ID: ct3326834319@gmail.com Date 29/08/24. Place Kolkata..
Full Signature of the Witness Timir Baran Sinha…………………………..”
25. In the case of Islamic Academy of Education (supra), the Hon’ble
Supreme Court held that:
“8. It must be mentioned that during
arguments it was pointed out to us that some
educational institutions are collecting, in advance,
the fees for the entire course i.e. for all the years. It
was submitted that this was done because the
institute was not sure whether the student would
leave the institute midstream. It was submitted
that if the student left the course in midstream then
for the remaining years the seat would lie vacant
and the institute would suffer. In our view an
educational institution can only charge prescribed
fees for one semester/year. If an institution feels
that any particular student may leave in midstream
then, at the highest, it may require that student to
give a bond/bank guarantee that the balance fees
for the whole course would be received by the
institute even if the student left in midstream. If
any educational institution has collected fees in
advance, only the fees of that semester/year can
be used by the institution. The balance fees must
be kept invested in fixed deposits in a nationalised
bank. As and when fees fall due for a
semester/year only the fees falling due for that
semester/year can be withdrawn by the
institution. The rest must continue to remain
deposited till such time that they fall due. At the
end of the course the interest earned on these
deposits must be paid to the student from whom
the fees were collected in advance.”
16
26. In the case of M. Sumer (supra), the Madras High Court considered the
case of Islamic Academy of Education and held that:
“5. The learned counsel for the respondents
placed reliance upon the judgment of the Supreme
Court in Islamic Academy of Education vs. The
State of Karnataka reported in (2003) 6 SCC 697.
In that case, it was stated that an educational
institution can only charge prescribed fees for one
semester/year. If an institution feels that any
student may leave in midstream then, a
bond/bank guarantee can be obtained for the
whole course. If any institution has collected fees in
advance, that amount can be kept in a Fixed
Deposit and it can be utilized year after year and
the interest on such deposit can be returned to the
student. The Islamic Academy’s case came up for
consideration by the Supreme Court in P.A.
Inamdar vs. State of Maharashtra reported in 2005
(6) SCC 537. The passage quoted by the
respondent do not find acceptance in that case.
Further nowhere in the said judgment, there is any
reference to withholding of the Transfer and other
certificates.
6. The respondent cannot trace any
sustenance from the said judgment to withhold the
Transfer Certificate only on the ground that the full
fees for 3
rd
and 4
th
year were not paid. In the
present case, the petitioner did not even attend his
second year class.”
27. In the case of Shireen M.T. (supra), the Kerala High Court held that:
“10. The case of the College is that since the
petitioners have not fulfilled their bonded
obligation, the College is entitled to withhold their
certificates. The petitioners do not admit their
liability. In other words, the certificates of the
petitioners are withheld by the College for enforcing
a disputed liability. Even assuming that the
agreement/bond executed by the petitioners in
favour of the College authorising the College to
withhold their certificates is not void for want of
17
consideration, the question arises is whether the
certificates of the petitioners can be withheld for
enforcing a disputed liability. This question
assumes importance in the light of the large
number of similar litigations instituted before this
Court in the recent past. A bond is only an
instrument by which a person obliges or binds
himself to another for payment of a sum of money
or in the performance of any other act. It is
fundamental that if a person does not fulfill the
bonded obligation, he is liable to pay the amount
agreed upon and if he does not pay the amount
agreed upon, in a country where rule of law
prevails, the payment has to be enforced through a
court of law. It cannot be said that non-payment of
the amounts covered by the bond will always be
without any basis. In some cases, it may be
without any basis, but in some others, it may be
due to some reason which the person concerned
believes to be a justifiable reason for non payment.
The sustainability or otherwise of the reason, on
the basis of which the liability under the bond is
denied, has to be examined by the court through
the process of which the payment is to be enforced.
If the practice of withholding the documents as a
means to realise the disputed amounts is permitted
to be adopted, the person affected would be
compelled to forgo the defences, if any, available to
him. Further, education has always been, and
continues to be one of the most important needs of
mankind. Every citizen has a right to education
and State is under an obligation to establish
educational institutions to enable the citizens to
enjoy the said right. The recent change in the social
and economic fabric of the country has, however,
created a situation where it is inevitable for the
State to permit private educational institutions to
meet the requirements in the field of education.
Education is essentially a charitable activity. As
such, even when private bodies establish
educational institutions, the object shall be charity
and not profit. Of course, reasonable revenue
surplus can be generated by the institutions for the
development of education and expansion of the
institutions. Certificates of education/qualification
are very important documents as far as students
18
are concerned. Non availability of the certificates
establishing educational qualifications may result
in deleterious consequences as far as students are
concerned, for, the same are the first and foremost
documents insisted for employment and higher
studies. It is trite that whatever tends to injustice of
operation, restraint of legal rights, whatever tends
to the obstruction of justice and whatever is against
the morals can be said to be against public policy.
In other words, matters which concern the public
good and the public interest connotes the public
policy. [See P. Rathinam v. Union of India (1994) 3
SCC 394]. It is also trite that the principles
governing public policy are capable, on proper
occasion, of expansion or modification and the
court in a given case is empowered to declare a
practice as opposed to public policy in consonance
with public conscience and in keeping with public
good and public interest. [See Central Inland Water
Transport Corporation v. Brojo Nath
Ganguly [(1986) 3 SCC 156] and State of
Rajasthan v. Basant Nahata [(2005) 12 SCC 77].
The agreements obtained by the College from the
petitioners authorising them to withhold the
certificates of the petitioners for payment of the
amounts covered by the bonds, if any, executed by
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 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.”
28. Section 23 of the Indian Contract Act, 1872, provides that for a contract to
be valid, there must be the legality of object and consideration. The Object
is the purpose for which the parties enter into a contract. The fulfillment
of the object leads to transfer of the consideration agreed from one party to
19
other. The legality of the object in contract law stipulates that the
consideration and the object of a contract are considered legal except
when:
i. They are specifically forbidden by law,
ii. They are fraudulent in nature,
iii. The nature of the object and the consideration is such
that it defeat the purpose of law,
iv. They involve injury or harm to a person(s) or property,
v. Are considered immoral by the court of law and
vi. Are against the public policy.
29. In the present case, the UGC has issued Guidelines on 12
th
June, 2024
with respect to the Fee Refund Policy. The College has issued circular on
22
nd
July, 2024 after the guidelines issued by the UGC. The College has
not considered the policy decision taken by the UGC while issuance of the
circular. By ignoring the UGC policy, the College has obtained
Discontinuity Bond from the petitioner.
30. There is no condition in the Discontinuity Bond that the College will retain
the original testimonials of the petitioner till the payment is made.
31. This Court finds that the College without considering the UGC policy
dated 12
th
June, 2024, has refused to refund the fee and original
testimonials of the petitioner.
20
32. In view of the above, the respondent no. 5 is directed to refund the
amount of Rs. 9,50,000/- along with all original testimonials of the
petitioner within two weeks from the date of receipt of his order.
33. WPA No. 28769 of 2024 is allowed.
Parties shall be entitled to act on the basis of a server copy of the
Judgment placed on the official website of the Court.
Urgent Xerox certified photocopies of this judgment, if applied for, be
given to the parties upon compliance of the requisite formalities.
(Krishna Rao, J.)
In a significant and authoritative judgment, the Calcutta High Court recently delivered a landmark ruling in W.P.A. No. 28769 of 2024, firmly upholding the UGC Fee Refund Policy and reiterating crucial Student Rights in Higher Education. This decision, now accessible on CaseOn, serves as a vital precedent for students seeking withdrawal from courses and institutions handling such requests, offering clarity on the enforceability of national guidelines over institutional bonds. The judgment meticulously examines the interplay between regulatory policies and contractual agreements, providing essential guidance for future cases.
The case revolves around Dr. Sreeparna Ghosh, who, after completing her BDS, secured admission to the MDS course in Oral and Maxillofacial Surgery at Haldia Institute of Dental Sciences and Research (HIDSAR) through NEET MDS counseling. She paid an initial sum of Rs. 9,50,000/- towards the course fees, which totaled Rs. 27,00,000/- for three years, and submitted several original documents for admission. However, after attending college for merely six days, Dr. Ghosh found the educational facilities and guidance inadequate. Consequently, on September 10, 2024, she decided to withdraw her admission and requested the return of her deposited fees and original documents. The college, however, refused, demanding she pay the remaining Rs. 18,00,000/- as per a 'Discontinuity Bond' she had signed, only then promising to return her testimonials.
The Hon'ble Justice Krishna Rao identified two primary issues for determination:
The petitioner heavily relied on the UGC Fee Refund Policy 2024-25, which explicitly states that a full refund of fees (minus a maximum processing fee of Rs. 1,000) must be made by Higher Education Institutions (HEIs) for cancellations/withdrawals up to September 30, 2024 (and processing fee up to October 31, 2024). This policy applies to all HEIs recognized by the UGC and affiliated with a university.
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The Calcutta High Court critically examined the college's arguments. Despite the college's claim that it is governed by the Dental Council of India (DCI) and West Bengal Medical Counselling Committee (WBMCC), and that the UGC guidelines were not applicable, the Court found this assertion to be incorrect. Drawing on the *Praneeth K. and Others* judgment, the Court affirmed the statutory power and applicability of UGC guidelines to all affiliated HEIs, including HIDSAR.
The Court noted that the petitioner's withdrawal on September 10, 2024, falls well within the September 30, 2024, cutoff specified by the UGC Fee Refund Policy for a full refund. Furthermore, the Court scrutinized the 'Discontinuity Bond' signed by the petitioner. It highlighted that the bond, while stipulating payment of remaining fees upon discontinuation, lacked any clause permitting the college to retain original testimonials. Relying on the principles established in *Islamic Academy of Education*, *M. Sumer*, and *Shireen M.T.*, the Court unequivocally stated that withholding vital educational certificates to enforce a disputed financial liability, such as future course fees, is against public policy and therefore void under Section 23 of the Indian Contract Act, 1872. The Court criticized the college for ignoring the clear UGC policy and obtaining a bond that essentially circumvented student rights.
In light of the statutory force of the UGC Fee Refund Policy and the established judicial precedents, the Calcutta High Court concluded that the respondent college had erred in refusing the refund and retaining the petitioner's original documents. The Court directed the Haldia Institute of Dental Sciences and Research (respondent no. 5) to:
These actions are to be completed within two weeks from the date of receiving the Court's order. Accordingly, WPA No. 28769 of 2024 was allowed.
This judgment from the Calcutta High Court is a critical resource for several reasons. For lawyers, it clarifies the precedence of national regulatory guidelines (UGC) over institutional bonds and specific state counseling committee circulars when it comes to fee refunds and the retention of original documents. It reinforces the legal position that agreements against public policy, particularly those that unduly penalize students or withhold their essential certificates, are unenforceable. This ruling provides a strong legal basis for advocating on behalf of students facing similar challenges. For students, this judgment serves as a powerful reminder of their Student Rights in Higher Education regarding fee refunds and the return of documents upon withdrawal. It empowers them with knowledge of the UGC Fee Refund Policy and the judiciary's stance against exploitative practices by educational institutions. Understanding this judgment can help students navigate admission processes more confidently and assert their rights if they decide to withdraw from a course.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult with a qualified legal professional for advice pertaining to their specific circumstances. The content should not be used as a substitute for professional legal counsel.
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