Telangana High Court
Shanampudi Venkata Siva ... vs The State Of Telangana on 13 October, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION NO.33795 OF 2024
ORDER:
Heard Sri Nageshwar Rao Pujari, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent No.1 and Sri Prabhakar Mallikarjuna Sharma, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing on behalf of respondent No.2.
2. The petitioner approached the Court seeking prayer as under:
"...to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus questioning the action of respondent No.3 in withholding the original certificates Tenth Class Marks Memo (S.S.C), Intermediate Marks Memo, Study certificate of Navodaya Degree College, Study certificate of Class VI to X, Study, Conduct certificate, Provisional certificate and Transfer certificate of the petitioner in their possession, which were handed over to them at the time of Admission as illegal, arbitrary and unconstitutional and subsequently direct the respondent Nxo.3 which is affiliated to respondent No.2 to release the original certificates Tenth Class Marks Memo (S.S.C), Intermediate Marks Memo, Study certificate of Navodaya 2 SN, J wp_33795_2024 Degree College, Study certificate of Class VI to X, Study, Conduct certificate, Provisional certificate and Transfer certificate of the petitioner and pass..."
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 joined in respondent No.3 college as student in MBA Department for the academic year 2024-2026 and submitted all the relevant original educational certificates. Later on, due to the death of sponsor of petitioner's education, the petitioner discontinued his MBA course.
It is further the case of the petitioner that when the petitioner approached the Principal of the 3rd respondent college to receive original educational certificates, the 3rd respondent directed the petitioner to pay Rs.1,35,000/- towards college fee for two years. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.
4. The learned counsel appearing on behalf of the petitioner brings on record Memo dated 26.12.2024 and contends that in compliance to the direction of this Court dated 02.12.2024, the learned counsel appearing on behalf of the petitioner had taken 3 SN, J wp_33795_2024 up personal notice to the respondent No.3 and filed proof of service of the said notice vide Memo dated 26.12.2024 duly enclosing the original postal acknowledgment card, postal receipt and the copy of the personal notice issued on behalf of the petitioner to the 3rd respondent. However, when the matter is called today i.e., on 13.10.2025, there is no representation on behalf of the respondent No.3.
5. Learned counsel appearing on behalf of the petitioner submits that the original certificates of the petitioner i.e., 10th Class Marks Memo (SSC), Intermediate Marks Memo, Study certificate of Navodaya Degree College, Study Certificate of Class VI to X, Study Conduct certificate, Provisional Certificate and Transfer Certificate of the petitioner, submitted to the respondent No.3 at the time of petitioner's admission are in the custody of Respondent No.3 and in spite of repeated requests on behalf of the petitioner addressed to the respondent No.3 herein, seeking release of the original certificates, which are in the custody of the respondent No.3 herein, the respondent No.3 is not releasing the same, and the said action of the 3rd respondent is highly illegal and arbitrary. 4
SN, J wp_33795_2024
6. PERUSED THE RECORD:-
(A) The Division Bench of this Court dealing with an identical issue in W.P.No.21137 of 2019 vide its order dated 24.01.2020 at paragraph No.29 observed 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 impressible in law.
30. Therefore, the Writ Petition is allowed; the action of the rd 3 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. 5
SN, J wp_33795_2024
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:-
6
SN, J wp_33795_2024 "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 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 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 7 SN, J wp_33795_2024 concerned authorities to return the certificates and granted liberty to the college to claim fee by availing legal remedies in similar circumstances.
13. Referring to and relying upon the Division Bench Judgment of this Court dated 24.01.2020 passed in W.P. No.21137 of 2019, this Court allowed W.P. No.34185 of 2023 vide its order dated 03.06.2024.
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."
7. Taking into consideration :
(a) The aforesaid facts and circumstances of the case,
(b) The submissions of the learned counsel appearing on behalf of the petitioner and the learned 8 SN, J wp_33795_2024 Assistant Government Pleader for Higher Education, appearing on behalf of the respondent No.1,
(c) The observations made by the Division Bench of this Court vide its order dated 24.-1.2020 passed in W.P. No.21137 of 2019 (referred to and extracted above),
(d) The observations made by this Court vide its order dated 03.06.2024 passed in W.P. No.34185 of 2023,
(f) The UGC guidelines dated 23.04.2007 (referred to and extracted above), The writ petition is disposed of directing the respondent No.3 to return the original certificates i.e., 10th Class Marks Memo (SSC), Intermediate Marks Memo, Study Certificate of Navodaya Degree College, Study Certificate of Class VI to X, Study & Conduct Certificate, Provisional Certificate and Transfer Certificate of the petitioner, which are in possession of the respondent No.3 College, within one (1) week from the date of receipt of a copy of the order. However, there shall be no order as to costs.9
SN, J wp_33795_2024 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 27.10.2025 B/o Skj