Calcutta High Court orders ₹9.5 lakh refund to MDS student, directs dental college to return original certificates

 

A student who withdrew from a Master of Dental Surgery (MDS) programme just six days after admission has secured major relief from the Calcutta High Court, which directed a private dental college to refund ₹9.5 lakh and return all her original academic certificates.

The court ruled that educational institutions cannot retain students' original documents to compel payment of disputed fees, reinforcing the protection available under the UGC Fee Refund Policy 2024 and previous Supreme Court judgments.

Why the student left the MDS course

Dr Sreeparna Ghosh had enrolled in the MDS programme in Oral and Maxillofacial Surgery at the Haldia Institute of Dental Sciences and Research through the management quota in August 2024.

She paid approximately ₹9.5 lakh, including tuition, admission and student activity fees, and submitted her original educational documents, including her BDS degree, mark sheets, registration certificate, domicile certificate and internship completion certificate.

However, after attending classes for only six days, she decided to discontinue the programme, alleging that the institute lacked adequate educational facilities and proper academic guidance necessary for her professional growth.

On September 10, 2024, she formally sought withdrawal and requested both a fee refund and the return of her original certificates.

College allegedly demanded ₹18 lakh before releasing documents

According to the petition, the institute refused to return her documents unless she paid the remaining ₹18 lakh course fee, citing a discontinuation bond signed during admission.

The student argued that withholding her original certificates prevented her from practising dentistry or pursuing higher education elsewhere, leaving her career at a standstill.

High Court cites UGC refund policy and Supreme Court rulings

Justice Krishna Rao rejected the institute's contention that UGC fee refund guidelines did not apply to dental colleges.

Referring to the UGC Fee Refund Policy issued on June 12, 2024, the court observed that students cancelling admission before September 30, 2024, are entitled to a full fee refund. Since Dr Ghosh applied for withdrawal on September 10, the court held that she qualified for a complete refund.

The court also clarified that even if an institution believes money is recoverable under a discontinuation bond, it cannot withhold original educational documents to enforce payment. Any financial dispute must instead be resolved through appropriate legal proceedings.

Court directs refund and return of certificates

Allowing the petition, the Calcutta High Court directed the Haldia Institute of Dental Sciences and Research to:

• Refund the entire ₹9.5 lakh paid by the student.
• Return all original academic certificates and testimonials.
• Complete both actions within two weeks of receiving the court order.

Why the judgment matters

The ruling reinforces an important principle for students across India: educational institutions cannot use original academic certificates as leverage in fee disputes. The judgment also strengthens the practical implementation of the UGC Fee Refund Policy 2024, ensuring that students who withdraw within the prescribed period are protected from arbitrary financial demands and document retention.