Legal Reference Library

In a significant judgement, the , has held that private self financing Colleges cannot withhold certificates of students, for payment of amount. The practise of withholding the certificates, and non-issuance of transfer certificate to students, to coerce them into meeting unconscionable demands like paying entire course fee for leaving the course midway, or to force them to serve the institution after completion of course, etc is very rampant. In clear unambiguous terms, the Court has held that such practise is illegal and opposed to public policy. Often faced with the supreme bargaining position of the Colleges, the students often execute bonds authorising colleges to do so. But, such bonds have no validity in the eyes of law. It was held that :- “The agreements obtained by the College from petitioners authorising them to withhold the certificates of the petitioners cannot be accepted as an approved social conduct and the same, in that sense, is unethical. Further, agreements of tha...

The private institutions cannot be permitted to operate like money minting institutions, the innocent people of this State cannot be allowed to be duped any further, observed the High Court of Himachal Pradesh which directed the Government to investigate all the private Educational institutions in the state and to ensure that no one is allowed to charge fee towards building fund, infrastructure fund, development fund etc. A Private Educational Institution which approached the High Court against the orders to refund the fees it took from some persons desirous of getting admission for MBA PGDM Course, had to face the music as Justice Tarlok Singh Chauhan, who heard the petition,not only dismissed it with costs, but also made a highly critical remark about the institution to the effect that it is no less than a commercial shop, where the aspiring needs of the students stand defeated due to its malpractices and frivolous activities. The Court taking judicial notice of the fact that number ...