Asmita Trehan 22 December 2021
G.L.N. Prasad (Retired employee.) 23 December 2021
Issue notice under CPAct demanding return of original qualification records collected for verification during the admission process, and lodge this as a grievance in pgrmsin portal of Ministry of HRD, UGC and your University. Enclose the downloaded copy of the grievance with your notice to the Principal of the MBA college.
The college is bound to return the original qualification certificates within 15 days from the date of receiving your notice.
(There are two issues involved. 1. Return of original documents 2. Demanding fees for the entire course. Both are not interlinked. The original qualification certificates belong to the student and should be returned as and when the student demands, as those documents are not offered as security for the collection of fees. At the same time, you are bound to pay the fees as the college lost the fees for 2 years, as they can not fill the vacant seat after completion of the admission process, and the colleges may initiate a separate recovery process but not legally justified in extorting fees through illegal retention of fees dues as per MHRD/UGC/Universitys' separate directives.
Notice under CP Act. dt 23rd Dec, 2021
The complainant is a bonafide student that was admitted on...............in............course on...............with Admission No..............Roll No.............and submitted original qualification certificates for the due verification process.
The original certificates after verification are retained by the college and are not being returned in spite of several requests.
This is in violation of MHRD/UGC/AICTE and University directives.
The complainant demands the return of the following qualification certificates immediately within 7 working days from receipt of this notice, failing which the complainant may have to file a complaint to MHRD/UGC/AICTE for cancelation of recognition and also reserves the right to file a complaint before District Forum demanding compensation and costs for deficiency of service and violation of mandatory directives issued by MHRD/UGC/AICTE deliberately to harass a student.
Certificates deposited for verification at the time of admission.
1....2....3....4....thereon.
Complainant.
Address.
Copy to UGC
Copy to AICTE
Copy to MHRD,
(Search websites for postal address)
Asmita Trehan 23 December 2021
Sir i have just taken classes for 15 days and paid fees 1,65000 for whole semester college is forcing me i cant take admission for 2 years in any college and have to pay fees which is wrong plus they have kept my original documents
Anaita Vas 23 December 2021
All India Council for Technical Education (AICTE) has issued guidelines regarding refund of fees, return of original certificated and other similar issues. Under the AICTE Guidelines No: - AICTE / Legal / 04(01) / 2007, April 2007, any candidate who has been admitted, may cancel admission by submitting an application in duplicate in the prescribed form and may request for refund of fees. The refund of fees as applicable shall be made in due course.
Refund shall be made after deduction of the cancellation charges under following circumstances.
One, if the request was received before the date of start of the academic session & the seat could be filled by the Institute before the cutoff date then the refund amount would be less than Rs. 1000.
The other situation can be where the request received was after the start of the academic session & the seat could be filled by the Institute by waitlisted candidates then the refund amount would be the entire fee less the total fees (Tuition Development & Hostel Fee) on pro rata basis.
Lastly, if the request was received after the start of the academic session & the seat could not be filled by the Institute then the refund amount would be 0 except the security deposit, if any.
Talking about your documents, no institution can take any original certificate into their custody. They can only ask for self-attested copies of the documents. In case a student withdraws the admission 15 days before the notified last date of admission, he or she shall be entitled for a 100 percent refund.
In all probability, they would have made you sign some documents at the time of admission which must have stated that you will have to pay the full fees if you leave the institute. This is because you have been alloted a seat in a college and it would have gone to somebody else had you not taken the admission. So if you leave the college now, it is a kind of loss for the college as well as other students who had to settle for a lower college. The best will be to anyhow arrange the money and pay them the required amount.
If that is not possible, as a last resort you can drag them to the court but then the fees you will pay to the lawyer plus the mental agony you’ll face will cost far more than Rs 1 lakh. Also, there’s no assurance that you will win the case especially if you have signed such a document.
Regards,
Anaita Vas
G.L.N. Prasad (Retired employee.) 23 December 2021
Please go through such a detailed reply, where guidance was provided considering all the doubts that may arise.
1.The college suffered financial loss, as they can not admit any candidate for the entire course, after closure of admissions, and you have attended classes. You are legally bound to pay the entire course fees, as it is you that you have abandoned the course in the middle, spoiling the chances of some other deserving student. There is no dispute that college has every right to recover the fees caused by your choice.
2.The issue of returning original qualification certificates is entirely different and not linked to your fees. They are your own documents and not offered as security. MHRD/AICTE/UGC clearly mandated for return of original certificates on demand from the student. If the certificates are not returned a warning will be given and in repeated cases, the recognition has to be canceled.
There is not even single rupee cost involved in following a guidance except postages. Before responding with doubts, trust and go ahead and come back to this post if the certificates are not returned.
P. Venu (Advocate) 23 December 2021
Withholding the certificates is illegal and amounts to extortion. You may take up the issue with the authorities concerned for return of the certificates as well return, if any, of the advance fees paid after adjusting the deduction as admissible in terms of the provisions of the public notice which is attached.
Asmita Trehan 23 December 2021
They have said i got admission against cancellation seat i cant pay the rest of course ugc and aicte as no where specified that just for 15 days days i have paid the amount 1,65000 which is a whole semster fees that is 6 months i cant take loan neither i could pay the leftover its not justified to do so
Kawmini Liyanage 23 December 2021
Greetings!
In order to answer your query, please refer The Advt. No.AICTE/Legal/04(0 1)12007. It only specifies the applicable situation where the student withdraws before starting a course, in which case you have already started and taken classes for 15 days.
The Original Documents are mandatory to be released by any institution and even under the above mentioned regulation. Hence it would be wise to make a written notice requesting the Original documentation.
Regards,
Kawmini Liyanage.
Asmita Trehan 23 December 2021
Sir as per ugc if a student withdraws before 31 dec 21 and oct 30 21 not less than 1,000 has to deducted and rest of the amount has to be refunded back to the student what can i do in such a case its just been 15 days my admission was done dec 1 2021
G.L.N. Prasad (Retired employee.) 23 December 2021
Why you are persistently mixing the two different issues, without confining them to your query on the return of the qualification certificate. Now that enough guidance was given, contact a local advocate and recover such fees from college if you assume that your stand is correct and open 'Pandora's box'
Asmita Trehan 23 December 2021
Sir i have asked aicte they are like mba courses are runned by ugc and ugc last date of admission withdrawal is dec 31 2021 sir could u please suggest certain steps that would help in case college asks for remaining semster fees .