NIA seizes Rs 1.13 crore fee: SC issues notice on MBBS graduate's plea for degree certificate

New Delhi: The Supreme Court has issued notices on an MBBS graduate's plea over withholding of degree certificates after the National Investigation Agency (NIA) seized Rs 1.13 crore paid towards her fees from funds linked to Maoist activities.

While denying personal connection with any unlawful or terrorist organisation, the petitioner sought a direction to Chettinad Academy of Research and Education to grant her course completion certificate and MBBS degree certificate without insisting on repayment of the fee. 

The MBBS graduate filed a Special Leave Petition before the Apex Court, challenging a Madras High Court Division Bench order which upheld a Single Judge order refusing to direct the medical college and other concerned authorities to release her course completion certificate and MBBS degree certificate.

Medical Dialogues had reported that the Division Bench of Madras HC refused to grant relief to the concerned student after taking note of the matter. She had filed a plea before the HC bench after her course completion and degree certificates were withheld by Chettinad Academy of Research and Education following the NIA action.

Earlier, in April 2024, a Single Judge of the HC had rejected her plea seeking a direction to the college to issue her Course Completion Certificate and MBBS Degree Certificate without insisting on a repayment of fees.  

Challenging this, the medico filed an appeal before a bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan. However, the Division Bench on June 17 dismissed her appeal. While the HC bench acknowledged that the medico was not directly accused of any crimes and it was two of her family members who had been named accused, it also observed that the concerned medico could not claim a right to benefit from the fruits of a crime.

Hence, challenging the Division Bench order, the petitioner approached the Apex Court. 

In her present plea, she stated that she was not named as an accused in the case and had completed her MBBS and internship. However, the college refused to issue her certificates unless she paid the fees again. 

Accepting her petition, a bench comprising Justice Vikram Nath and Justice Sandeep Mehta listed the matter for hearing on October 13.

Case Background

The student in question secured MBBS admission at Chhettinad Academy of Research and Education through the regular centralized selection process. She completed the five-year academic curriculum and her subsequent Compulsory Rotatory Resident Internship (CRRI).

As per a recent media report by Live Law, the graduate, during her tenure as a student, periodically received Rs 1,13,70,500 in her account. The NIA later seized the amount during a criminal investigation and alleged that the funds used to pay her medical college fees directly derived from illegal, extorted funds raised on behalf of the Communist Party of India (Maoist), a proscribed terrorist organisation.

Acting under statutory power, the NIA issued a production/seizure notice to the college, resulting in the absolute seizure and appropriation of the entire fee amount from the college. Consequently, the institution withheld the appellant's completion certificates for non-realisation of legitimate institutional fees.

On this, the petitioner in her present plea argued that educational certificates could not be retained as security or treated like financial deposits under general lien. She also denied any personal involvement or connection with any unlawful or terrorist organisation and pointed out that she had a clean, impeccable record and had cleared her medical curriculum without any blemish.

The matter first came before a Single Judge of the Madras High Court, who declined to direct the release of her certificates. She then challenged the decision before a Division Bench.

The Division Bench also refused to interfere with the Single Judge’s order. It observed if the student was in fact innocent, she could approach the Special NIA Court for releasing the seized funds. The court added that the college could not be expected to litigate against the NIA to retrieve the fee.

The High Court added that while the student may not be an accused in the NIA case, she could not claim an equitable right to benefit from the fruits of crime. Once the course fee was seized by the NIA, the student's account with the college would become legally defaulted to an unpaid status. 

The High Court noted that forcing the college to release the certificate, when it has, in effect, not received any fee from the student, would be a gross miscarriage of justice.

The bench also referred to the NIA charge sheet, which allegedly named her brother and paternal uncle as key persons involved in raising extorted funds for the banned organisation.

It observed that the Single Judge's order had rightly protected the financial autonomy of the college, leaving it open for the student to deposit the requisite fee afresh and claim her certificates. Thus, finding no reason to interfere, the High Court dismissed the appeal.

The apex court will examine the matter after hearing from the Centre and the medical institution.

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