New Delhi, Dec 12 (IANS) It is unfair for a university or college to withhold a student's degree to recover dues, the apex consumer court has ruled and said it would be preferable for the institution to move a civil court to get its money back.

"Such kind of practice is not fair," the National Consumer Disputes Redressal Commission said in a recent ruling in connection with a case involving Sushith, a student pursuing an MD degree in biochemistry, the Manipal University and the Kasturba Medical College in Karnataka.

The court directed the university and the college to pay Rs.10,000 as compensation to Sushith, 32, before Feb 6, 2013.

The commission's Presiding Member V.B. Gupta also questioned why the college and the university did not move a civil court to recover the alleged dues of Rs.9.3 lakh from Sushith, a resident of Mangalore, whose degree was withheld.

The case reached the national commission after the university and the college appealed against an order of the Karnataka State Consumer Disputes Redressal Commission, Bangalore, favouring Sushith.

Sushith's degree was withheld for allegedly breaching an agreement with the university and the college that required him to serve there for five years after completing the course -- failing which he was supposed to repay the entire tuition fee whose burden was borne by them.

The national commission said: "Even if it is held for a while that...the student is liable to refund the tuition fee, the remedy is still open to the university and college to recover the same by approaching an appropriate civil court."

"When such an equally efficacious remedy is readily available to them, they cannot illegally retain the said degree certificate," Gupta said in the order, a copy of which is with IANS.

Sushith said in his complaint that he took admission to post-graduate degree course in MD in biochemistry for academic year 2005-06 and passed the course in 2008.

The college was required to issue him a degree certificate confirmed by the Manipal Academy of Higher Education. But despite repeated requests, it refused to issue the certificate and withheld it, he said.

Go here to see the original:
Unfair to withhold student's degree for dues: Consumer court rules