Telangana High Court
Mr. Syed Azhar Ali vs The State Of Telangana on 13 October, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.25816 OF 2025
ORDER:
Heard Sri Mohammed Asif, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Education, appearing on behalf of respondent Nos. 1 to 5.
2. The petitioner approached the Court seeking prayer as under:
"...to issue any appropriate Writ, Order or direction, more particularly in the nature of Writ of Mandamus or any other appropriate Writ order or direction declaring the actions of Respondents No 3 to 5 in withholding the Petitioner's original certificates even after issuing representations dated 09.06.2025 and 03.07.2025 as illegal, ex- facie, arbitrary, unjust, unfair, unlawful, unconstitutional, non application of mind and in violation of Principles of Natural Justice and in violation of Article 14, 21 and 300A of the Constitution of India and the directives issued by the Telangana State Council of Higher Education TSCHE dated 23.02.2024 and against the catena of judgments of this Honourable Court and in violation of The UGC Grievance Redressal of Students Regulations 2023 and consequently direct the Respondents here in to Consider the representations dated 09.06.2025 and 03.07.2025 and to release all the original certificates of the Petitioner immediately and without demanding any additional payment in the interest of justice..."2
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3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:
The petitioner had taken admission into the college of respondent No.5 in M. Tech., Software engineering Program in the year 2014. The petitioner did not appear for the first semester examination and was not eligible to proceed to further semesters. At the time of admission, the petitioner had submitted his original educational documents/certificates such as Secondary School Certificate (SSC), Intermediate Certificate, B.Tech Marks Memo, CMM, Provisional Certificate, Degree Certificate, Transfer Certificate etc., which are retained by the respondent No.5 and in the possession of the respondent No.5.
Aggrieved by the same, the petitioner filed this present writ petition.
4. PERUSED THE RECORD:-
(A) The directions issued by the Telangana State Council of Higher Education, Hyderabad with regard to Original Certificates of the Students is extracted hereunder.3
SN, J wp_25816_2025 PROF.SRIRAM VENKATESH SECRETARY Lr.No.TSCHE/Fee Reimbursement/2024 Dt: 23.02.2024 To The Registrars of OU, KU, TU, MGU, SU, PU, JNTU and JNA & FAU Sir, Sub: TSCHE - Withholding of Original Certificates of the Students - instructions to the Colleges - Reg.
-oOo-
It has come to the attention 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 institutions, with a view to induce or compel such student to pay any fee or fees in respect of any course or program of study which such student does not intend to pursue.
Therefore, I am by direction request the Universities to address/ instruct to all affiliated Private 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 the reimbursement from the Government. It is not a healthy practice. Such colleges may be blacklisted and shall not be 4 SN, J wp_25816_2025 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.
Yours faithfully Sd/-xxx SECRETARY (B) 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 5 SN, J wp_25816_2025 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 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."
(C) The relevant portion of the order of this Court dated 03.06.2024 passed in W.P. No.34185 of 2023 is extracted hereunder:
6. 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 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 6 SN, J wp_25816_2025 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.
7. The High Court of Madras in K.Palanisamy Vs. Correspondent, Vidya Vikash Matriculation School and 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.
8. 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."
9. 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_25816_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. In similar circumstances, 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 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 concerned authorities to return the certificates and granted liberty to the college to claim fee by availing legal remedies.
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."
DISCUSSION AND CONCLUSION:-
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5. It is represented by the learned counsel appearing for the petitioner that the subject issue in the present writ petition is squarely covered by the order of this Court dated 24.01.2020 passed in W.P. No.21137 of 2019, the order dated 09.12.2022 passed in W.P. No.22417 of 2018 and the order dated 03.06.2025 passed in W.P. No. 34185 of 2023.
6. The learned counsel appearing on behalf of the respondents does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioner.
7. In the light of the observations in the various judgments of various Courts (referred to and extracted above), this court opines 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, withholding the certificates of the student is certainly not the method by which the claim can be enforced. There is no lien on the certificates of the 9 SN, J wp_25816_2025 students and hence, the petitioner is entitled for the grant of relief in the present writ petition.
8. Taking into consideration :
(a) The aforesaid facts and circumstances of the case,
(b) The instructions, dated 23.02.2024 and 05.08.2024 on the subject issue pertaining to withholding of original certificates of the students by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above),
(c) The observations in the judgments of the various Courts on the subject issue (referred to and extracted above)
(d) The orders of this Court dated 24.01.2020 passed in W.P. No.21137 of 2019 and order dated 09.12.2022 passed in W.P.No.22417 of 2018 and order dated 03.06.2024 passed in W.P. No. 34185 of 2023.
The Writ Petition is allowed, directing the 5th respondent to issue all the original certificates of the 10 SN, J wp_25816_2025 petitioner i.e., Secondary School Certificate (SSC), Intermediate Certificate, B.Tech Marks Memo, Provisional Certificate, CMM, Degree Certificate, Transfer Certificate etc., by duly taking into consideration the observations in the various Judgments referred to and extracted above and also the directions issued by the Secretary Telangana of Higher Education, Hyderabad, vide letter No.TSCHE/Fee Reimbursement/2024, dated 23.02.2024 and also vide Lr.No.0508/TGCHE/Refund of Originals/2024, dated 05.08.2024 (referred to and extracted above), within a period of one (1) week from the date of receipt of a copy of this order. However, there shall be no order as to cost.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 13.10.2025 Note Issue C.C. by 17.10.2025 B/o Skj/dpm