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college not returning original certificates

(Querist) 13 May 2014 This query is : Resolved 
Dear all,
I had joined a bangalore based college in 2006 and after 2nd year due to financial problem i had to discontinue the course.Now when i went to the college to ask for my documents,the college is asking me to pay the remaining 2 years fees.The Principal of the college wrote down in my application that since i had discontinued midway,i had to pay the college compensation of one seat.Its been 8 years and according to the university rule(which the college is affiliated to)if a student fails to complete the course in 8 years he is awarded NFTE(Not fit for technical education).And by those rules i have got NFTE.Now the college is saying i had signed an agreement during the time of admission that i would pay all my fees if i choose to leave the course midway.The agreement is a one page terms and condition which was there in the back of the admission form which i had filled during the time of admission.it states that the document will be under the custody of the university until the course if finished which is purely false.Three days back i read in the newspaper about my college where the High Court of karnataka has ordered my very same college to return the docs of one of the student who had filed a case in the court.
I need urgent Help.Please guide me respected peoples.What should i do.
Thank you
P. Venu (Expert) 14 May 2014
Your certificate is your personal property. College has no authority to keep your certificate, whatever the reason. Their action amounts to extortion.

You may serve legal notice and also address the University. If not successful you may lodge complaint with the Police or move a criminal action.

It would be of much help to you if you can obtain a xerox copy your application with the remarks of the Principal.

Sankaranarayanan (Expert) 14 May 2014
Yes I do agree with mr venu.
V R SHROFF (Expert) 14 May 2014
you too; move high court.
Kolla Gangadhar (Expert) 14 May 2014
You file criminal complaint and consumer Forum. Contact: GLOBAL LEGAL SERVICES, eamil: globallegalservicesindia@gmail.com
Rajendra K Goyal (Expert) 14 May 2014
Well advised, agree to it.
Tarun (Querist) 14 May 2014
Dear sir,like you said to obtain the xerox copy of my application with the principals remark,i have with me my original application where the principal has written with his mighty green pen:

"You are permitted to collect the documents by paying remaining two years fees to the college for compensation loss of one candidate fee to the college with your discontinuation of studies"

And the ignorant principal blatantly said it to my face that " These are supreme court orders".
T. Kalaiselvan, Advocate (Expert) 14 May 2014
Mr. Tarun, first issue a legal notice demanding return of your certificates by briefly narrating the facts that took place after your discontinuance of the studies, after a negative reply or no reply, you may initiate legal proceedings against the college authorities as well as against the principal on the basis of his commitment made i writing on the face of your application.
Tarun (Querist) 14 May 2014
Hello sir,i just met an advocate some hours back and he advised me to file a writ in the high court of karnataka.i want to know if it is legal for the college to retain my certificates?And how much does it cost to send a legal notice through an advocate?Here in this forum its written somewhere around 1000-2000rs.But the advocate i have just met said his fees will be 4000..is it worth for my case?

Thanks
T. Kalaiselvan, Advocate (Expert) 14 May 2014
Mr. Tarun, You cannot get an opinion about an advocate's fee from this portal because it depends upon the advocates to charge their fee as per their own standard that they maintain. However, in my opinion, the fee told by your advocate seems to be reasonable.
P. Venu (Expert) 15 May 2014
It is my considered opinion that a Writ petition is a heavy (and costly) remedy in this case.
Tarun (Querist) 04 June 2014
Hello all..its been 15days today since i sent the Legal notice to the college through a lawyer.Just now i got a call from my lawyer and he told he is going to initiate the process of filing a writ petition in the HC of Karnataka.I just want to know as i had paid his fee of 3.5k during the process of sending the legal notice.is it same for writ or there will be a different fee structure for filing the writ petition?

Thanks


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