Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)

Order Date: 23.06.2026

Case Overview

  • Parties: Petitioner – Dr. Sreeparna Ghosh; Respondents – State of West Bengal, West Bengal Medical Council (WBMC), West Bengal University of Health Sciences, Haldia Institute of Dental Sciences and Research (HIDSAR) and others.
  • Background: Dr. Ghosh completed BDS from Kalinga Institute of Dental Sciences, secured All‑India rank 8478 in NEET‑MDS 2024, and was admitted on 29‑08‑2024 to HIDSAR under Management Quota for MDS (Oral & Maxillofacial Surgery). Total course fee Rs.27,00,000 (Tuition Rs.9,00,000, Admission fee Rs.15,000, Student activities Rs.25,000). She paid Rs.9,50,000 (including Rs.25,000 for student activities) and submitted original documents: NEET‑MDS Admit Card, Rank Card, Class X Admit Card, Domicile Certificate, BDS Degree, BDS Marksheet, West Bengal Dental Council Registration, Internship Completion Certificate.
  • Dispute: After attending college for six days, Dr. Ghosh sought withdrawal, citing inadequate facilities. She emailed on 10‑09‑2024 requesting refund of the paid amount and return of original documents. HIDSAR replied that she must pay the remaining balance of Rs.18,00,000 (as per a discontinuity bond executed on 29‑08‑2024) before the college would return her documents and issue a relieving letter.
  • Legal Arguments: Petitioner's counsel relied on UGC Circular dated 12‑06‑2024 (Fee Refund Policy 2024‑25) which mandates a full refund (deduction not exceeding Rs.1,000) for cancellations up to 30‑09‑2024, and on Supreme Court judgment in Praneeth K. & Others v. UGC (2021) 14 SCC 241 affirming statutory force of UGC guidelines. Additional citations included Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697, M. Sumer v. Chairman, PMR Institute of Technology (2009), and Shireen M.T. & Others v. State of Kerala (2017 SCC OnLine Ker 2660).
  • Respondent's Position: HIDSAR argued that UGC guidelines do not apply to medical/dental colleges, which are governed by the Dental Council of India (DCI) and West Bengal Medical & Dental Council (WBMCC). It cited a WBMCC notice dated 22‑07‑2024 on seat surrender and the discontinuity bond, asserting that the bond justified withholding of certificates until the balance fee is paid.
  • Court’s Reasoning: The Court examined the statutory basis of UGC guidelines under Section 12 of the UGC Act and Section 26(1) of the 1956 Act, concluding that the guidelines have statutory force and must be observed by all higher‑education institutions, including those affiliated to a university. The Court held that the discontinuity bond does not contain a condition permitting the college to retain original certificates, and that withholding certificates to enforce a disputed liability is contrary to public policy under Section 23 of the Indian Contract Act, 1872. The Court also noted that the college ignored the UGC policy while issuing its own circular.

Final Outcome

  • The Court directed Respondent No.5 (HIDSAR) to refund the full amount of Rs.9,50,000 to Dr. Ghosh and to return all original certificates and the relieving letter within two weeks of the order.
  • The writ petition (W.P.A. No. 28769 of 2024) was allowed.

Topics: Fee Refund, Higher Education Regulation, Judicial Relief