HC orders release of original certificates to transferred MBBS students, rules medical colleges cannot withhold documents over pending dues

Referring to a previous order of the High Court in the case of Monika vs. PT. B.D. Sharma, University of Health Sciences, Rohtak and others, the court reiterated that no other institution/individual can retain the same without lawful authority.

The petitioners were initially pursuing their MBBS course at the White Medical College and Hospital. However, due to a lack of adequate infrastructure in the said college, the students approached the Court seeking transfer to a colege having requisite infrastructure/facility to impart proper medical education to them. During the pendency of the plea, the National Medical Commission (NMC) acceded to the petitioners' request and directed the transfer of all the students of the MBBS course from the White Medical College to other medical colleges within the State of Punjab including GMC Patiala, GMC Amritsar, GGS Medical College, Faridkot, BR Ambedkar Institute of Medical Science, Mohali, DMC Ludhiana, CMC Ludhiana, Gian Sagar Medical College, Banur, Mohali, and PIMS Jalandhar.

The NMC order dated 18.01.2024 was challenged by the medical college, the plea was dismissed by the division bench. Ultimately, the issue of the transfer of students to other medical colleges within the State of Punjab attained finality.

However, they had to approach the Court once again, as despite the reallocation of the students and transfer to other medical colleges, the medical college retained the original documents of the petitioners and other medical students. They submitted that such unwarranted retention of documents was causing serious prejudice and inconvenience to the petitioners in pursuing their studies.

The sole ground put forth by the medical college's counsel, to justify the retention of the petitioners' original documents, was that the alleged non-payment of fees for two months pertaining to the fourth semester of the second year MBBS course.

Meanwhile, the counsel for the petitioner students submitted that after the NMC issued the order dated 18.01.2024, the petitioners were re-allocated/transferred to other medical colleges on 03.10.2024, where they were required to pay the full semester fee afresh. Therefore, owing to the deficiency and lapse on the part of the White Medical College, the petitioners could not be compelled to pay the fee for two months of the same semester once again, as this would amount to double payment for the academic period, argued the counsel for NMC,

On the other hand, the college submitted that the fee now demanded from the petitioners pertains to the education imparted to them for a period of two months by the medical college. For that period, the college had duly paid the salary and other dues to its faculty members. Therefore, the college has a legitimate right to claim the fee for those two months, the college submitted.

The counsel for the medical college submitted that the college's demand is in accordance with one of the conditions in the notice issued by Baba Farid University, which enumerates the terms governing transfer of students. On the basis of this condition, the college insisted that the petitioners were liable to pay the said fee.

While considering the plea, the court asked the medical college's counsel 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," observed the HC bench.

"The only reason explained to this Court is that Baba Farid University (respondent no.6) granted conditional permission to the petitioners, requiring them to clear their outstanding dues. This Court however, is in complete disagreement with the submissions made on behalf of respondent no.5. Respondent no.5-college has no legal right to retain the original certificates of the petitioners or other medical students, particularly in view of the facts detailed above," it further noted.

However, the HC bench observed that the college undoubtedly has the right to recover its lawful dues by taking recourse to appropriate legal proceedings. "Therefore, in the present petition, this Court refrains itself from adjudicating upon the issue, as to whether, the amount shown as due from each student is, in fact, recoverable or not, since the same involves mixed questions of fact and law. Respondent no.5-college is at liberty to avail all alternative remedies available to it under the law, if it has any grievance regarding dues on account of fee etc. However, it is directed to release/hand over all the original documents of the petitioners and other medical students, forthwith, and in any case, not later than seven days from the date of passing of this order," observed the Court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/punjab-and-haryana-hc-309108.pdf

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