A peculiar case involving competing rights of an MBBS graduate, the medical college where she studied, and the National Investigation Agency (NIA) has reached the Supreme Court [Pooja Kumari Vs Union of India]
The MBBS graduate has moved the apex court challenging the college's decision to withhold her degree and course completion certificate after the fees paid by her to the college was seized by NIA as part of investigation against some of her relatives.
A Bench of Justices Vikram Nath and Sandeep Mehta on Thursday issued notice to the Central government and the college on a plea by the graduate challenging the demand by the college that she pay her fees again to have her certificates released.
The student had secured admission to the MBBS course at Chettinad Academy of Research and Education in 2017 through the regular counselling process. Over the course of her studies, she paid ₹1.13 crore in fees to the college through banking channels and completed both the MBBS course and her compulsory rotating medical internship.
In December 2021, the NIA registered a case under the Unlawful Activities (Prevention) Act (UAPA) against some of her relatives over alleged Maoist links. Her brother was also made an accused. The student herself was not arraigned as an accused. During the investigation, the NIA treated the money paid towards her college fees as alleged proceeds of crime and seized the amount from the college.
Thereafter, the college refused to issue her final MBBS degree, provisional certificate-II and course completion certificate. It took the position that since the amount received by it had been seized by the NIA, the student would have to pay the entire fee again before the certificates could be released.
The student challenged this before the Madras High Court, arguing that she had already paid the fees and could not be made to pay twice merely because the amount was subsequently seized by an investigating agency.
A single-judge rejected her plea in April 2024.
On appeal, a division bench upheld that decision in June 2026. The division bench held that although educational certificates cannot ordinarily be withheld as security for unpaid fees, the circumstances were different because the college had been deprived of the amount after the NIA seizure. It said the student's remedy was to seek release of the seized money from the competent special court.
She then approached the Supreme Court, contending that the High Court effectively created an exception to the settled rule against withholding academic certificates and made her bear the consequences of criminal proceedings in which she is not an accused.
The Supreme Court on Thursday issued notice to the Central government on her plea.
The petitioner was represented by advocates Rakesh Kumar, Harshit Sharma, Rupesh Kumar Sinha, Sataroop Dass, Aashish Kumar and Tamanna Jangra.
The respondents were represented by advocates R Jawaharlal, Meghna Kumar, Sayyam Maheshwari and Mayank Kshirsagar.
[Read Order]