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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 a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of respondent No.3 in withholding the original certificates of the petitioner demanding tuition fees for unstudied subsequent academic years as illegal arbitrary unconstitutional and contrary to the principles laid down in D.Vaishnavi v. State of Telangana (W.P.No.21137 of 2019) consequently directing respondent No.3-College to return all original certificates mentioned above to the Petitioner under due acknowledgment within a time-bound period of one (01) week directing respondent No.2 University/Body to instruct Respondent No.3 in writing to release the certificates forthwith and to pass..."
Heard Mr. Gurram Venkat Ramana, learned counsel for the petitioner, Mr. Mr.M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education appearing for respondent No.1 and Mr. Prabhakar Peri, learned Standing Counsel for JNTU appearing for respondent No.2. Inspite of service of notice on respondent No.3, there is no representation on behalf of respondent No.3.
The case of the petitioner is that he appeared for the EAMCET-2021 entrance examination and secured admission to the B.Tech.(CSE/CS) course in respondent No.3-college under the management quota. At the time of admission, he submitted all his original certificates, including the Secondary School Certificate (SSC) Marks Memo, Intermediate Marks Memo, Intermediate Study/Bonafide Certificates, Class VI to X Study/Bonafide Certificates, and Transfer Certificate (TC) to respondent No.3- College. Subsequently, he discontinued his studies owing to financial constraints and unforeseen family exigencies. Thereafter, he requested respondent No.3-college to return his original certificates. However, respondent No.3-college refused to release the same, unless the entire tuition fee for the third and fourth academic years, during which the petitioner did not pursue his studies, was paid. Hence, the present writ petition.
Learned counsel for the petitioner submits that the petitioner requires his original certificates to secure employment and to support his family, as he is facing financial difficulties and unforeseen family exigencies. He further submits that the action of respondent No.3 in withholding the original certificates submitted by the petitioner at the time of his admission is illegal and arbitrary and the same is causing serious prejudice to his career opportunities. Therefore, he seeks a direction to respondent No.3-College to return the petitioner's original certificates.
Perused the record.
It is not in dispute that the petitioner has secured admission in respondent No.3-college under Management quota and he has discontinued his studies and his original certificates referred to above were presently in the custody of respondent No.3. The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioner. In such circumstances, respondent No.3-college has no authority whatsoever to retain the said certificates and the retention of the petitioner's original certificates by respondent No.3 is wholly unjustified and cannot be sustained. Even assuming that the college has any monetary claim against the petitioner, withholding his original certificates cannot be adopted as a mode of enforcing such claim, the proper remedy, if any available to respondent No.3- college is to proceed in accordance with law for recovery of its dues, but not retain the petitioner's original certificates.
For the foregoing reasons, this Writ Petition is disposed of, directing respondent No.3 to return the original certificates referred to above to the petitioner within a period of one (01) week from the date of receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.