Thousands of students who secured admission to one higher-education institution and then sought transfer to another have been denied refunds and their academic certificates in violation of rules, the higher education regulator has said.

Many private universities and colleges hold on to their students’ higher secondary or graduation certificates for several months after admission.

The University Grants Commission had on September 22 directed institutions to return these certificates and the entire fees paid during admission if students requested a transfer by November 30.

“The commission has been receiving several references in the form of RTI applications/ complaints/ public grievances/ court cases in respect of non-refund of fee by the universities/ institution(s) in violation of the UGC guidelines,” the commission secretary said in a December 17 letter.

“The commission has taken a very serious view of such complaints. Most of these complaints have come from the students who have taken admission (to) private or self-financing universities and deemed to be universities and later opted out for one or the other reason.

“It is reiterated that the UGC guidelines are to be followed mandatorily by all the universities in letter and spirit. Any institution/ university found to be violating the guidelines and refusing to refund the fee by giving its own interpretation of the guidelines shall be liable for punitive actions.”

The letter said the punishment could include a recommendation to the state government for withdrawal of a defaulting institution’s university status, or one for de-affiliation of an errant college by its university. Under the UGC’s guidelines, the commission can stop funding such institutions.

The UGC’s September 22 circular had also said that students seeking a transfer by December 31 would be paid a refund after deducting Rs 1,000 as processing fee.

“Today (Saturday), a student was offered spot admission to the MBA course at our institution. He had already got admitted to another institution,” a teacher at the Institute of Management and Information Technology, Cuttack, said.

“He said that getting back his college-leaving certificate (the graduation certificate he had deposited with the first institution) would be difficult. He has enquired with that institution. We have given him provisional admission. Only if he gets the certificate can his admission be confirmed.”

Ravi Bhardwaj, a lawyer who has represented several private institutions in court cases, blamed the UGC for failing to clarify the refund rules till September 22.

“The UGC clarified in September that institutions have to refund (the full fees) to those seeking withdrawal by November 30. Earlier in October 2018, it had issued refund guidelines saying students would not receive any refund if they withdraw after 30 days of the closure of the admission process,” he said.

“Many institutions had conducted admissions in July and August this year and begun online classes. It’s difficult for them to comply with the September 22 circular (on refunds).”

He said the UGC had issued a circular in May saying the students could pay their dues in instalments. It should have clarified the matter relating to refunds right at that time, Bhardwaj said.

“The UGC has issued this directive to protect the interests of the students. It should take a balanced view. The institutions too are in stress because of low admission in view of the pandemic and the economic slowdown,” he said.