The Calcutta High Court has directed a private dental college to refund ₹9.5 lakh paid by an MDS student and return all her original educational certificates after she withdrew from the course within the period prescribed under the University Grants Commission (UGC) Fee Refund Policy. The Court held that the college could not ignore the UGC's refund guidelines or retain the student's original documents while insisting on payment under a discontinuity bond.
Background of the Case
Dr. Sreeparna Ghosh secured admission to the MDS (Oral and Maxillofacial Surgery) course at Haldia Institute of Dental Sciences and Research under the management quota after qualifying NEET MDS 2024. At the time of admission, she paid ₹9.5 lakh and deposited her original academic certificates as part of the admission process.
After attending classes for six days, she decided not to continue the course, claiming the institution lacked the educational facilities and academic guidance she expected. On September 10, 2024, she informed the college of her decision and sought a refund of the fees along with the return of her original documents.
The college, however, refused to release the documents unless she paid the remaining ₹18 lakh, relying on a discontinuity bond signed at the time of admission.
Court's Observations
Justice Krishna Rao examined whether the UGC Fee Refund Policy dated June 12, 2024 applied to the institution and whether the college was legally entitled to retain the student's original certificates.
The Court noted that the UGC policy clearly provides for a full refund of fees where admission is cancelled on or before September 30, 2024. Since the petitioner sought withdrawal on September 10, 2024, she fell within the period prescribed for a full refund.
Rejecting the college's argument that dental institutions are governed only by the Dental Council of India and the West Bengal Medical Counselling Committee, the Court relied on the Supreme Court's decision in Praneeth K. v. University Grants Commission to hold that UGC guidelines issued under statutory powers cannot be treated as merely advisory.
The Court observed:
“The petitioner is entitled to get the full amount of Rs. 9,50,000/- from the respondent no.5.”
On the issue of withholding original certificates, the Court found that the discontinuity bond did not contain any clause permitting the college to retain the student's testimonials until payment of the remaining fees.
Referring to earlier Supreme Court and High Court decisions, the Court observed that educational institutions cannot use original certificates as leverage to enforce a disputed financial claim. Such claims must be pursued through appropriate legal proceedings rather than by withholding documents essential for employment or higher education.
Decision
Allowing the writ petition, the Calcutta High Court directed the respondent college to refund ₹9.5 lakh and return all original certificates submitted by the petitioner within two weeks from the date of receipt of the order.
Case Details
Case Title: Dr. Sreeparna Ghosh v. State of West Bengal & Ors.
Case Number: WPA No. 28769 of 2024
Judge: Justice Krishna Rao
Decision Date: 23 June 2026
