An MBBS student whose fees were allegedly paid using funds traced to a banned Maoist organisation, cannot compel the medical college to issue her Course Completion and MBBS Degree certificates until the fees are paid afresh through “clean, untainted means,” the Madras High Court has said.
A Division Bench held that while educational certificates generally cannot be withheld over fee disputes, this case stood on a completely different footing because the fee paid had been seized by the National Investigation Agency as alleged proceeds of crime.
The court dismissed the appeal filed by Puja Kumari from Bihar, who completed her MBBS course and compulsory internship at Chettinad Academy of Research and Education.
She had sought that the college be ordered to issue her Course Completion Certificate and MBBS Degree Certificate without insisting on repayment of fees.
According to the judgment, the student had successfully completed the five-year MBBS course and internship, and Rs 1.13 crore were paid to the college as fees.
However, during an investigation under the Unlawful Activities (Prevention) Act, the NIA alleged that the money originated from funds extorted for the banned Communist Party of India (Maoist).
The agency subsequently seized the entire amount from the college, leaving it without payment for the student’s education. The chargesheet alleges the student’s brother and paternal uncle were key operatives involved in raising funds. The student has not been arrayed as an accused.
The student’s counsel argued she had an unblemished academic record and could not be punished for allegations against her family members. The court acknowledged the settled legal principle that educational certificates are not “marketable commodities” and ordinarily cannot be retained for recovery of dues.
“The case at hand presents an extraordinary and intricate factual matrix involving national security, terrorist funding, and criminal asset seizure,” the bench said.
“She cannot assert an equitable right to benefit from the fruits of a crime,” the court added, underscoring that once the NIA appropriated the fee amount, the student’s account with the college legally reverted to an unpaid status.
The Bench said the student’s remedy, if she maintains the money was legitimately earned, is to approach the competent Special Court seeking release of the seized funds from the NIA. Alternatively, she remains free to repay the fees through lawful funds and thereafter claim her educational certificates.
It is not clear if the student was a minor when the fees were paid or whether she was aware of the alleged tainted money used for her education. The dispute could turn into a prolonged legal battle, with the Supreme Court remaining her next and final judicial avenue.
