Telangana High Court
Eslavath Priyanka vs The State Of Telangana on 1 December, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.35106 OF 2025
DATE: 01.12.2025
Between :
Eslavath Priyanka
... Petitioner
And
The State of Telangana,
Medical Health & Family Welfare Department,
Secretariat, Hyderabad & two others
... Respondents
ORDER:
Heard M/s Vladimeer Khatoon, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 and 2, and Sri Peri Prabhakar, learned Standing Counsel appearing on behalf of respondent Nos.3 and 4.
2. The petitioner approached this Court seeking the prayer as under:
"...to issue a Writ of Mandamus or any appropriate writ declaring the action of Respondent No.4 in withholding the Petitioner's original certificate and demanding 4 years tuition fees as illegal, arbitrary, and violative of Articles 14, 21 and 300-A, and contrary to 2 SN, J WP_35106_2025 UGC/AICTE/TSCHE norms and to pass such other order..."
3. The case of the petitioner, in brief, is that the petitioner was allotted a seat in Global College of Pharmacy (Affiliated to JNTUH), Chilkoor, Ranga Reddy District under ST reservation quota and petitioner paid only the admission fee on 22.10.2025 and obtained Admission No.13129 by depositing original educational certificates. As per the Government Policy, the petitioner was eligible for tuition fee Reimbursement/Scholarship. The petitioner further submits that due to serious health issues, the petitioner is unable to continue further studies at Global College of Pharmacy.
It is further the case of the petitioner that when the petitioner requested to return the original educational certificates i.e., SSC Certificate, Marks Memo, Transfer Certificate and Bonafide Certificate, Upper Primary/High School Bonafide and Conduct Certificate, Intermediate Marks Memo etc., the respondent authorities refused to release the original certificates and further demanded to pay the entire four years tuition fee. The petitioner made a representation through Email dated 11.11.2025 and also through a written representation, but the same were not received and the respondents even refused to acknowledge the 3 SN, J WP_35106_2025 same. Aggrieved by the same, the petitioner 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 Colleges under 4 SN, J WP_35106_2025 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."
(B) 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."
5. In compliance to the directions of this Court dated 19.11.2025 the learned counsel appearing on behalf of the petitioner submits that personal notice had been issued upon the 4th respondent by registered post with acknowledgement due and filed proof of service of notice upon the respondent No.4 into the Registry vide Memo dated 01.12.2025, USR No.137452, however there is no representation on behalf of the 4th respondent when the case is called.
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6. The Division Bench of this Court in its Judgment dated 24.01.2020 passed in W.P. No.21137 of 2019 in D.Vaishnavi vs. State of Telangana had struck down paragraph No.7 (iii) of G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates submitted by the petitioner/candidate shall not to be returned to them, till they complete their course of study and appear for the University examination holding it as un-constitutional. A similar view was taken by this Court in Mahatma Gandhi Law College, NTR Nagar, Hyderabad v. State of Telangana vide Judgment dated 09.12.2022 passed in W.P.No.22417 of 2018. A Similar view was also taken vide Judgment of this Court dated 29.10.2024 passed in W.P.No.25559 of 2024 in Lakshmi Saranya v. The State of Telangana.
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 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 6 SN, J WP_35106_2025 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 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. 7
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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 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."
10. In S.Muthukamatchi 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 costs. 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.
11. 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 8 SN, J WP_35106_2025 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 college authorities to return the certificates and granted liberty to the college to claim fee by availing legal remedies in similar circumstances.
12. 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.
13. This Court opines that UGC by its guidelines (referred to and extracted above) had directed the Universities, to which the colleges like the 3rd respondent are affiliated, to initiate action when such instances are brought to their notice and in spite of 9 SN, J WP_35106_2025 the aforesaid guidelines issued by the UGC, no action is being taken, and on the other hand, students, like the petitioner, are forced to approach this Court seeking return of originals and only after orders are passed by this Court, the originals are being returned to the students, notwithstanding the fact that the colleges like the respondent No.3, have any claim towards fee, the said institutions are required to initiate proceedings for recovery of fee dues and cannot resort to withholding of certificates of the students in violation of the UGC guidelines.
14. Learned counsel appearing on behalf of the petitioner mainly contends 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 and the order dated 27.10.2025 passed in W.P.No.32404 of 2025. Learned Government Pleader appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner. DISCUSSION AND CONCLUSION:
15. This Court opines that the 4th respondent cannot withhold the petitioner's original certificates such as Secondary Education (10th class)-SSC Certificate, Marks Memo, Transfer Certificate and 10 SN, J WP_35106_2025 Bonafide Certificate, Upper Primary/High School (5th - 10th class) Bonafide and Conduct Certificate studied Inter Bi.P.C., Intermediate (11th - 12th class) Marks Memo and Equivalent Certificate, under any pretext. There is no lien on the certificate of the students since the certificate of the student is his/her property. This Court opines that the right of students to obtain their Certificates cannot be denied by the concerned authorities merely because the tuition fee is due and if any amount is due from the petitioner towards such fees, the proper course available to the respondents is to initiate appropriate proceedings against the petitioner for recovery before the competent Court and coercive tactics cannot be adopted by the 4th respondent to make the petitioner to pay the tuition fee. This Court opines that there is no justification on the part of the 4th respondent in withholding the original Certificates of the petitioner for non-payment of tuition fee.
16. A bare perusal of the record indicates the specific instructions vide Lr.No.0508/TGCHE/Refund of Originals/2024 dated 05.08.2024 had been issued by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above) instructing all the affiliated Private Colleges within its jurisdiction 11 SN, J WP_35106_2025 not to insist on payment of tuition fee by the students who are eligible for the fee reimbursement from the State Government. Further as per the guidelines of UGC, colleges cannot withhold or refuse to return any document such as of certificates of degree, diploma or any other award or other document deposited with it by students for the purpose of seeking admission in such institution. Therefore duly taking into consideration the view of the various High Courts on the subject issue in various Judgments, referred to and extracted above, this Court opines that petitioner is entitled for grant of relief, as prayed for, in the present writ petition.
17. Taking into consideration :
(a) The aforesaid facts and circumstances of the case,
(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 specific instructions vide Lr.No.0508/ TGCHE/Refund of Originals/2024 dated 05.08.2024 issued by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above), 12 SN, J WP_35106_2025
(d) The observations on the subject issue pertaining to withholding of original certificates of the students, by the Authorities concerned in the Judgments of the various High Courts (referred to and extracted above),
(e) The UGC guidelines, dated 23.04.2007, The Writ Petition is allowed as prayed for. The respondents are directed to forthwith return all original certificates of the petitioner i.e., Secondary Education (10th class)-SSC Certificate, Marks Memo, Transfer Certificate and Bonafide Certificate, Upper Primary/High School (5th -
10th class) Bonafide and Conduct Certificate studied Inter Bi.P.C., Intermediate (11th - 12th class) Marks Memo and Equivalent Certificate submitted by the petitioner at the time of admission into the 4th respondent herein by duly taking into consideration the observations in the various judgments (referred to and extracted above) and the specific instructions vide Lr.No.0508/TGCHE/Refund of Originals/2024 dated 05.08.2024 issued by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above), and also the UGC guidelines, dated 23.04.2007 (referred to and extracted above), within a 13 SN, J WP_35106_2025 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: 01.12.2025 Note: CC in two days.
(B/o) Yvkr 14 SN, J WP_35106_2025 156 THE HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.35106 OF 2025 Date: 01.12.2025 Note: CC in two days.
(B/o) Yvkr