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Judgment
This Writ Petition is filed seeking the following relief:
"to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declare the failure of the 3rd respondent to release the petitioner's BC scholarship for her MBA course for the academic years 2021-2023, despite the same having been processed under Application No.202212017147 and reflected in ePASS with Ref Id:1529502003531213, TBR No.:20240000005767, TBR Date:24-12-2024, Token No.:2523665703, Proceedings No.:15293RRS0222400457, and the failure of the respondents to ensure release of the petitioner's original educational certificates from the 4th respondent college, as arbitrary, illegal and violative of Articles 14, 21 and 21-A of the Constitution of India and consequently direct the 3rd respondent and the concerned authorities under the 1st and 2nd respondents to forthwith process and release the petitioner's BC scholarship amount in respect of her MBA course for the academic years 2021-2023 and credit the same to the account of the 4th respondent college or otherwise make the amount available for adjustment towards the petitioner's fee dues, within such time and pass..."
Heard Mr. J.Srinivas, learned counsel for the petitioner, Mr.M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1 and Mr.D.Narsimulu, learned Assistant Government Pleader for Social Welfare, appearing for respondent Nos.2 and 3. Notice sent to respondent No.4 was returned with an endorsement 'refused'. Refusal of notice amounts to proper service of notice. Perused the record.
Case of the petitioner is that, at the time of admission into MBA course in respondent No.4 college, she has submitted all her original certificates. Upon successful completion of the course, she made a representation to respondent No.4 seeking return of her original certificates, but respondent No.4 insisted her to pay the pending fees. It is her further case that the fee reimbursement by the Government is pending. Hence, the present writ petition.
Learned counsel for the petitioner submits that the petitioner has qualified in TSLAWCET and obtained admission in Phase-I counselling to pursue LL.B. course and is now required to submit her original certificates before the counselling authorities within stipulated time. Any further delay in release of the petitioner's certificates would irreparably prejudice her by causing loss of LL.B. admission itself and such irreparable loss cannot be compensated by any subsequent monetary relief or delayed scholarship release. He further submits that the action of respondent No.4 in withholding the original certificates of the petitioner as a means of coercing payment of fees, when the very fees is liable to be covered by the pending fee reimbursement, is illegal and arbitrary. Therefore, he seeks a direction to respondent Nos.1 to 3 to forthwith process and release the petitioner's BC scholarship amount in respect of her MBA course and credit the same into the account of respondent No.4-college and further direct respondent No.4 to forthwith return the petitioner's original certificates.
It is not in dispute that the petitioner had submitted her original certificates to respondent No.4 at the time of admission into MBA course and subsequently completed her course. It is also not in dispute that the original certificates of the petitioner were presently in the custody of respondent No.4. The said certificates, being personal and academic credentials, are undoubtedly the exclusive property of the petitioner. In the absence of any statutory or legal authority, respondent No.4 has no authority whatsoever to retain the petitioner's original certificates. Even assuming that the college has any monetary claim against the petitioner, the proper remedy, if any, available is to pursue appropriate proceedings in accordance with law for recovery of its dues. However, the college cannot retain the petitioner's original certificates as security for recovery of any amount claimed by it and such retention is wholly unlawful and cannot be justified on the ground of any outstanding liability. Therefore, this Court is of the considered opinion that the petitioner is entitled to the immediate return of her original certificates.
For the foregoing discussion, this Writ Petition is disposed of, directing respondent No.4 to forthwith return the original certificates to the petitioner within a period of one (1) week, from the date of receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.