Telangana High Court
Sri. D. Prasanna Kumar vs The State Of Telangana on 11 November, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.33003 OF 2025
ORDER:
Heard Smt. Durga Bhavani, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 and 2, Sri Malipeddi Srinivas Reddy, learned Standing Counsel for Osmania University appearing on behalf of respondent No.3 and Sri K.P. Vijay Kumar, learned counsel appearing on behalf of respondent Nos.4 and 5.
2. The petitioner approached this Court seeking the prayer as under:
"...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.4 and 5, in not returning petitioner's original educational certificates (Transfer certificate, S.S.C., and Intermediate certificates) as illegal, arbitrary, unjust, unfair, and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently to direct the Respondents to return the original certificates of the petitioner without insisting upon any further payment of fee, and pass such other or further order..."
3. The case of the petitioner, in brief, is that the petitioner was admitted in the B.A., LL.B. (Five-Year Integrated Course) at the 4th respondent-college in the academic year 2015-16, 2 SN, J WP_33003_2025 during which the petitioner deposited the original educational certificates--Transfer Certificate, S.S.C., and Intermediate certificates--at the time of admission. Due to the unfortunate demise of the petitioner's father and the consequent financial difficulties, the petitioner was compelled to discontinue studies after the 2nd semester. Despite several oral and written representations, including a legal notice dated 25.09.2025 which was issued to the Respondent Nos. 4 and 5, the college authorities have failed to return the petitioner's original certificates, which are essential for seeking employment and pursuing the petitioner's career.
It is further the case of the petitioner that in accordance to the UGC (Grievance Redressal of Students) Regulations, 2018, and the AICTE Notification of 2018, institutions are prohibited from retaining original certificates under any circumstances. The Telangana Council of Higher Education has also issued Circular No.0508/TGCHE/Refund of Originals/2024, dated 05.08.2024, directing all colleges to return original certificates immediately on demand. Despite these binding directions and a recent order of this Court in W.P. No.32404 of 2025 dated 27.10.2025 against the same institution, the respondent no.4 had continued to 3 SN, J WP_33003_2025 withhold the petitioner's certificates. Aggrieved by the said action, the petitioner has filed the present writ petition.
4. PERUSED THE RECORD (A) The letter vide Lr.No.0508/TGCHE/ Refund of Originals/2024, dated 05.08.2024 issued by the Telangana Council of Higher Education, Hyderabad addressed to the Registrars of OU, KU, TU, MGU, SU, PU, JNTU, JNAFAU & TMVV is extracted hereunder:
"Sir, Sub:- TGCHE Withholding of Original Certificates of the Students - Instructions to the Universities/Colleges- Regarding.
Ref:- This office Lr. No. TGCHE/Fee Reimbursement /2024, dt.23.02.2024 While referring to the subject and reference cited that in continuation of earlier letter, it has come to the notice of the Government that certain private colleges are withholding the original certificates of students on the pretext of not receiving fee reimbursement from the Government.
Withholding of original certificates will have significant implications for the students, especially when they need to present these documents to join for higher education, applying or joining for jobs and other purposes.
Further, in terms of UGC (Grievance Redressal of students) Regulations 2018, the colleges are barred from withholding or refusing to return any document in the form of certificates of degree, diploma or any other award or other document deposited with it by a students for the purposes of seeking admission in such institution.
Therefore, I am by direction request the Universities to address/ instruct to all affiliated Private 4 SN, J WP_33003_2025 Colleges under its jurisdiction not to insist payment of Tuition Fee from the students who are eligible for fee reimbursement and not to deny issuing original certificates on the pretext of not receiving fee reimbursement from the Government. It is not a healthy practice. Such colleges may be blacklisted and shall not be considered for free reimbursement, which will also affects affiliation of such colleges.
The Colleges shall be directed to follow the instructions of the Government scrupulously and failure in this regard will be viewed seriously and stringent action will be initiated against such colleges."
5. Learned counsel appearing on behalf of the petitioner brings to the notice of this Court that the subject issue in the present writ petition is squarely covered by the order of this Court dated 27.10.2025 passed in W.P.No.32404 of 2025 hence, the present writ petition could be disposed of in terms of the aforesaid order.
6. The learned counsel appearing on behalf of the respondents on record does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.
7. A Division Bench of this Court vide its judgment, dated 24.01.2020 in W.P.No.21137 of 2019 dealing with withholding of original academic qualification certificates 5 SN, J WP_33003_2025 of the students observed at paragraph Nos. 29 and 30 as under:-
"29. We are not expressing any opinion on the right of the 3rd respondent-College to recover amounts towards the entire course fee or the bond amount of Rs.3 lakhs from the petitioner / her parent, but we hold that withholding her original academic qualification certificates, is impermissible in law.
30. Therefore, the Writ Petition is allowed; the action of the 3rd respondent-College in not returning the original academic qualification certificates of the petitioner who had discontinued study of M.B.B.S. I year course in the said college, is declared as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India; Para no.7(iii) of G.O.MS.No.114, Health, Medical and Family Welfare (C.1) Department, dt.05.07.2017 is declared to be ultra vires the powers of the State Government under the Telangana Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (Act 5 of 1983); and the 3rd respondent is forthwith directed to return the original academic qualification certificates of the petitioner to her. No costs."
The Division Bench very clearly observed that withholding the original academic qualification certificates of the students is impermissible in law.
8. The High Court of Madras in "K.Palanisamy Vs. Correspondent, Vidya Vikash Matriculation School and 6 SN, J WP_33003_2025 Others" of Madurai Bench in WP (MD) 20726 of 2019 decided on 17.10.2019 reported in MANU/TN/6538/2019, held that certificates of students could not be held back by educational institutions citing financial dues.
9. In the judgment of the High Court of Madras, Madurai Bench in S.Muthukamatchi vs. The Director of Technical Education, Anna University and others in WP(MD) No.14394 of 2012 decided on 18.12.2012 reported in MANU/TN/2168/2012, it is observed as under:
"I would not venture to get into that controversy, namely, whether the College is entitled to collect the balance of fees or not. The main grievance of the petitioner is about the certificates of her daughter. Those certificates are not like fixed deposit receipt on which, banks claim a general lien in terms of Section 171 of the Contract Act. Therefore, the certificates cannot be retained at any rate. Hence, this writ petition is allowed directing the fourth respondent to return all the original Certificates deposited by the petitioner forthwith."
10. In the judgment of the High Court of Delhi in Court on its own Motion Vs. Directorate of Education & Ors. in WP (C) 6658 of 2019 & CM APPL.30816.0 of 2019, dated 11.07.2019, it was held as under:-
"8. There are methods of recovering the outstanding school fees with the school. Even a suit could have been filed by Respondent No.2 upon the parents of the students, which has not been done so far. No such suit 7 SN, J WP_33003_2025 has been instituted by Respondent School for the recovery of outstanding fees.
9. In view of these facts, this Court is of the opinion that the School Leaving Certificates cannot be withheld by the respondents."
11. In S.Muthukamatch vs. The Director of Technical Education, Anna University in W.P.(MD) NO.14394 of 2012, dated 18.12.2012, the Madras High Court at Madurai Bench categorically held that certificates of student is her/his property. College cannot detain the said certificates at any rate. Even if the college has any monetary claim, the rejection of the said certificates is not the method by which the claim can be enforced. There is no lien on the certificates of the students.
12. The Madras High Court in R.Pradeep Raj v. Commissioner, the Directorate of Technical Education reported in 2019 SCC OnLine Mad.9385, and this Court in Kaluri Shiva Sai Teja vs. The State of Telangana in W.P.No.2930 of 2022, dated 24.06.2022 and D.Vaishnavi vs. State of Telangana, represented by its Prinicipal Secretary Health Medical and Family Welfare, Hydeabad in W.P.No.21137 of 2019, dated 24.01.2020 and also the High Court of Andhra Pradesh at Amaravati in Andrha 8 SN, J WP_33003_2025 Pradesh Private Unaided Schools Management Association v. The State of Andhra Pradesh in W.P.No.9606 of 2021, dated 27.10.2021 directed the college concerned authorities to return the certificates and granted liberty to the college to claim fee by availing legal remedies in similar circumstances.
13. Based on the Division Bench Judgment of this Court dated 24.01.2020 passed in W.P.No.21137 of 2019, this Court had allowed W.P.No.34185 of 2023 vide its order dated 03.06.2024 granting identical relief as granted in W.P.No.21137 of 2019.
14. UGC guidelines, dated 23.04.2007, in particular, paragraph No.2 reads as under:
"2. The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for institutions and Universities to retain the School/Institution, Leaving Certificate, mark sheet, caste certificate and other documents in original."
15. Taking into consideration :
(a) The aforesaid facts and circumstances of the case, 9 SN, J WP_33003_2025
(b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents,
(c) The contents of the letter vide Lr.No.0508/TGCHE/Refund of Originals/2024, dated 05.08.2024 issued by the Telangana Council of Higher Education, Hyderabad addressed to the Registrars of OU, KU, TU, MGU, SU, PU, JNTU, JNAFAU & TMVV (referred to and extracted above)
(d) The contents of the representation of the petitioner dated 20.09.2025 addressed to the 5th respondent herein
(e) The contents of the legal notice dated 25.09.2025 issued to the 5th respondent herein on behalf of the petitioner and
(f) The view of this Court in its Judgment dated 27.10.2025 passed in W.P.No.32404 of 2025 relying on the Division Bench Judgment of this Court dated 24.01.2020 in W.P.No.21137 of 2019 which had attained its finality, The Writ Petition is allowed as prayed for. The 5th respondent is directed to return the petitioner's original 10 SN, J WP_33003_2025 certificates i.e., Transfer Certificate, SSC and Intermediate Certificates forthwith to the petitioner duly taking into consideration the observations in the various judgments (referred to and extracted above) and the specific instructions issued by the Secretary Telangana Council of Higher Education, Hyderabad, vide Lr.No.0508/ TGCHE/Refund of Originals/2024 dated 05.08.2024 to all the Registrars of the Universities including the 3rd respondent University herein(referred to and extracted above) and also the UGC guidelines, dated 23.04.2007 (referred to and extracted above) within a period of one (01) week from the date of receipt of a copy of this order.
However, there shall be no order as to cost.
The miscellaneous applications, if any pending, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 11.11.2025 Note: Issue C.C. in two days B/o. Yvkr 11 SN, J WP_33003_2025 184 THE HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.33003 OF 2025 Date: 11.11.2025 Note: Issue C.C. in two days B/o. Yvkr