Educational institutions cannot retain students' original documents to compel fee payment, as such action lacks legal authority.

ORDER :

1. The present matter comes upon an application No.1/2025 filed by the petitioner-student with the following prayer:-

“It is, therefore, most humbly and respectfully prayed that the Hon’ble Court may graciously be pleased to accept and allow the present Misc. Application and pass appropriate orders in view of subsequent developments, directing Respondent University to release the original documents of the applicant/petitioner, which were submitted at the time of taking admission with the Respondent University.

Any other other which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also be passed in favor of the applicant/petitioner.”

2. Perusal of the prayer reveals that it is the release of the original documents of the applicant-petitioner submitted by her to the respondent-university at the time of taking admission in MBBS Course in the year 2022, is what has been prayed for. It is an admitted fact that the petitioner has undergone the course for Ist and IInd year in the year 2022-23, 2023-24 and the fee for the years 2022-23, 2023-24 and 2024-25 has been paid.

3. The petitioner on account of her health reasons withdrew herself from the college and suo moto stopped attending the classes. Thereafter, she sought withdrawal of her admission from the respondent-university but the same was refused. It is also placed on record that the petitioner has now gotten herself admitted with one, Pearl University, Delhi (West), for undergoing Bachelor of Design in Communication Design course from the year 2025 onwards and now as the examinations are about to commence from 05.12.2025, the said university is mandatorily requiring the petitioner to submit her original documents, which as of now are lying with the respondent-University i.e., Jaipur National University.

4. Contention of learned counsel for the petitioner is that despite asking for all of her documents which are still lying with the University, they have refused to provide the same on account of which her admission in Pearl University would be jeopardized as she will not be permitted to appear in the examinations commencing from 05.12.2025.

5. Learned counsel submits that the documents, viz. Transfer Certificate dated 04.08.2021 and Migration Certificate dated 25.10.2021, photocopies of which have been filed before the Court today along with an Additional Affidavit, are the documents which have to be filed by her, in absence of which she will not be permitted to appear in the examination by Pearl University. Counsel submits that the respondent-University has no authority to withhold her documents.

6. In support of his submissions, learned counsel placed reliance upon judgment of Hon’ble Punjab and Haryana High Court in the case of Sukhmanpreet Singh Cheema Vs. Union of India , CWP No. 8900/2025 dated 12.11.2025, relevant paras of which read as under:-

“9. This Court in order to first examine the grievance of the petitioners, posed a specific query to learned counsel for respondent no.5- college, as to under which authority or rule, it has power to retain the original documents of the petitioners and other medical students. Though the college believes that the petitioners are liable to pay the outstanding dues, no specific provision or authority has been shown to justify such retention.

10. The only reason explained to this Court is that Baba Farid University granted conditional permission to the petitioners, requiring them to clear