I have studied from a medical college in new Delhi I have completed my mbbs course. I have to take a no dues certificate from my hostel Warden. I had a room in the hostel for 3 years after which I surrendered the room.however after 2 years I was realloted a room in the same hostel. When I went for the no dues signature...my Warden told me to pay the fees for the time of 2 years with fine...while I was not in the hostel. I feel this is unjust as I did not spend those two years at the hostel so I shouldn't have to pay any fees for that. But the hostel warden is adamant .... I will talk to the dean regarding this...but I want to know what are my legal options in this case.
First send a fully explained letter to the warden giving him proper reasonings and please do send it to him by speed post and give him a time limit of 7 working days to reply.
Thereafter you can file an extortion and harassment case against him. Do not mention you will take legal action in the letter.
Hello,
Did you surrendered the room by writing if yes write a letter to the registrar with a xerox copy of the same and if it goes into vain file a writ against the college if it is a government college.
Regards
Pay money under protest
Obtain no due certificate
Then file complaint against college before consumer forum and seek refund of money paid by you with interest and compensation for mental torture undergone by you
Hello
You did mbbs from a college in delhi and must have obtained the no dues when you passed out....then only do they issue you the degree and the marksheet. If you Left the hostel and informed the authorities about it then no liability can be cast upon you to pay the dues after 2 years when you Left the hostel and gave it in writing.
File an application with the higher management or the govt authorities against such misconduct by the principal
Regards
Firslty, it is very unfortunate that people like your warden who is there to look after you all making all these obstacles for you.
Secondly, you should first talk to your Dean, and if nothing positive comes out then give them a representation for the same.
Thirdly, then using that representation you can file a Writ of Mandamus in the High Court of Delhi for praying direction to them to give the no due certificate as it is totally arbitary for you.
If you wish you can have my services through Kaanoon as I practice in Writ Jurisdiction in Delhi High Court.
Sir
You can issue a legal notice stating the issues and then let us choose the line of action after their reply.
You can take help of lawyers of Kanoon. Com
Sir file a written representation before the VC and top management of the college if you donot receive the reply in the stipulated time file a writ petition in the high court for the direction for the college and hostel to issue No dues certificate so that you can collect your documents.
Hello,
Talk to the dean first.
Otherwise you may file a case in High Court if it is a government college.
and if it is a private college then a suit will be filed in the civil court.
Regards
You could send a legal notice to the college in the present matter and call upon them to forthwith release your dues, after issuing you the no-dues certificate.
If the legal notice fails to be of any help, you can approach the High Court of Consumer Forum.
Go as per the rules of the college related to the allotment of rooms in the hostel, all have different rules that can only help you.
Yes, it is totally unjust. According to Supreme Court of India guidelines Colleges cannot withhold student's certificates. Even if the college has any monetary claim, refusal to give the certificates is not the method by which the claim can be enforced.
You can contact dean office and higher officials. If they do not help you then you can file a writ petition in Delhi High Court for violating your fundamental rights. As you a student so you can claim free legal aid according to legal services authorities act by visiting a legal services authority in any of the nearest court of your area.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
If you were re-allotted a room, then you should have brought out this matter to the notice of college then and there itself and got it cancelled.
Legally you may not be able to claim any exemption for that at this stage.
However there is nothing wrong in making a representation to the college authorities in this regard in writing.
1. You say that you initially were allotted a room for 3 years but you surrendered it and then after 2 years another room was allotted to you in the same hostel. If you had surrendered the room then why was the new room allotted to you? When the new room was allotted to you did you protest the allotment of the new room?
2. The test is not whether you spent two years in the hostel or room or not, it is whether you had protested the allotment of the new room after the surrender of the first room. If you had protested the allotment of new room and did not enter it then you are not liable to pay the charges of the room. You can then initially serve a lawyer's notice to the college to give the No Due Certificate, and if it does not do so then a writ petition may be filed in the High Court.
