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SUDHIR MITTAL
Monika – Appellant
Versus
Pt. B. D Sharma, University of Health Sciences, Rohtak – Respondent
JUDGMENT
Sudhir Mittal, J. - The petitioner was granted admission to the Bachelor of Dental Science Course in PT. B.D Sharma, University of Health Sciences, Rohtak-respondent No.1. Pursuant thereto, she deposited a sum of Rs.52,090/- alongwith her original certificates. However, she did not join the course and requested for refund of the amount deposited and return of her certificates. The request having not been accepted, the present writ petition has been filed.
2. The facts are not in dispute. The petitioner cleared the National Eligibility Test for Under-Graduate Medical Courses in the year 2020. All India Counseling was held on 17.01.2022, wherein, the petitioner sought admission to the BDS/MBBS course. Result was declared on 02.02.2022 and the petitioner was allotted a seat in the BDS course in respondent No.1. Initial deposit and original certificates were deposited on 07.02.2022. Vide email dated 14.03.2022 as well as 15.03.2022 request was made that the admission be cancelled. No response having been received, representation dated 07.05.2022 was sent by registered post. Apart from return of original certificates, refund of amount of Rs.52,090/- was also demanded.
3. The Regis
Retention of original certificates as security for payment must be supported by the terms and conditions of admission and lawful authority, and cannot be sustained without proper legal basis.
The bond agreement is valid and enforceable, and the original certificates must be returned despite non-payment of the bond.
Educational institutions cannot withhold original certificates of students for non-payment of fees as they are not marketable commodities.
Retention of original documents without explicit contractual authorization is illegal; respondents must return them while retaining the right to pursue recovery for training costs.
Educational certificates cannot be retained as lien for service bond breach; recovery via legal remedies only.
Certificates cannot be withheld on bond violations; educational documents are not marketable commodities.
Educational institutions cannot withhold original academic certificates due to unpaid fees, which violates Articles 14 and 300-A of the Constitution.
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