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Certificates property of students, return them: Punjab and Haryana HC orders medical college

Justice Tiwari asked the college to point out “under which authority or rule, it has power to retain the original documents of the petitioners and other medical students.” The college could not cite any such provision.

medical collegeAccording to the chairman, NMC is of the belief that public and private entities teaming up together will enable the efficient utilisation of available resources for medical education.. (Source: File)

In a major relief for MBBS students shifted out of a private medical college, the Punjab and Haryana High Court has directed White Medical College and Hospital, Mohali, to immediately release all original documents, holding that the institution cannot withhold them on the ground of unpaid fees.

In its November 12 order in Sukhmanpreet Singh Cheema and Others vs Union of India and Others (CWP-8900-2025), Justice Kuldeep Tiwari made it clear that the college has “no legal right to retain the original certificates of the petitioners or other medical students.” He added that such retention causes “serious prejudice and inconvenience” to students pursuing their studies.

Justice Tiwari asked the college to point out “under which authority or rule, it has power to retain the original documents of the petitioners and other medical students.” The college could not cite any such provision.

Relying on a 2022 Division Bench ruling in Monika vs Pt B.D. Sharma University of Health Sciences, the judge reiterated that a student’s certificates are “his/her individual property” and that “adopting the method of retaining original certificates/documents is unfair to say the least.”

The petitioners from the 2021-22 and 2022-23 MBBS batches had joined White Medical College but sought transfers due to a “lack of adequate infrastructure.” This led to an earlier case in 2023, after which the National Medical Commission (NMC) ordered, on January 18, 2024, the transfer of all students from the college to eight other recognised institutions across Punjab.

White Medical College challenged the NMC’s order before the high court and later the Supreme Court, but both dismissed its plea. Justice Tiwari recorded that the transfer issue “has attained finality.”

Despite the finality of the transfer, the college refused to hand over students’ original documents, citing unpaid fees for two months of their fourth semester. It claimed it had paid faculty salaries during that period and therefore had a right to recover dues. It also relied on a condition in a Baba Farid University notice requiring students to clear dues before transfer.

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Students, however, argued that once they were relocated in October 2024, they had to pay the full semester fee again at their new colleges. Making them pay White Medical College for the same period, they said, amounted to double payment caused entirely by the college’s lack of infrastructure.

The court rejected the college’s argument that unpaid dues justified withholding documents. It held that the university’s conditional permission did not authorise such action. Justice Tiwari clarified that the college “undoubtedly has the right to recover its lawful dues by taking recourse to appropriate legal proceedings,” but the court would not rule on whether those dues were recoverable because the issue involved “mixed questions of fact and law.”

The college was granted liberty to pursue any legal remedy available for fee recovery but not by retaining certificates.

Issuing a categorical order, the court directed the college to hand over all original documents “forthwith, and in any case, not later than seven days from the date of passing of this order.” The petition was then disposed of.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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