Opted Out Before Joining Date But Original Documents Not Being Returned

My wife signed an appointment letter (not a bond) which states that she will have to pay Rs 35,000 if she wants to resign. However, she has decided not to join the institute (it's a private University) and informed them before the joining date. They had selected backup candidates during the interview but are still trying to enforce the Rs 35,000 clause in the appointment letter. They are unaccommodating and are also not even ready to reduce the amount.

My questions are:

1. Which law prohibits them from acting the way they are?
2. If I declare the documents as misplaced and simply get new ones made, will that be illegal?

How are they trying to enforce the payment of Rs. 35,000? If they are asking for it in writing, then you need to reply immediately. Otherwise, you do not need to do anything at this moment. Let the company ask you in writing first. Verbal communication, in this case, has no value.

Your wife does not need to pay anything. For more accurate advice, it is essential to review the contents of the appointment letter.

I fail to understand your statement - "If I declare the documents as misplaced and simply get new ones made, will that be illegal?" Which documents are you talking about?

"If I declare the documents as misplaced and simply get new ones made, will that be illegal?" The query does not disclose any such facts.

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Dear Saurabh,

There is nothing to worry. There is no employer-employee relationship established as yet. The fact that they have already appointed someone from the panel instead of your wife should strengthen your defense. The University has not suffered due to your wife not having joined it. Therefore, at this point, you need not rush for duplicate documents. You should give a written letter asking them to return your originals that have been forcibly withheld by them. If they refuse, follow up with a legal notice and file a case to restore the documents illegally held by them. Do not panic; you are sure to get your originals.