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Judgment
This Writ Petition is filed seeking the following relief:
"for the issuance of a Writ of Mandamus or any other appropriate Writ, Order or Direction, declaring the arbitrary, illegal and unconstitutional action of the Respondent No.3 and 4 in withholding the original academic certificates, marks sheets, degree certificates and university approvals of the Petitioner as a tool for fee recovery, thereby preventing the Petitioner from participating in the ongoing NEET PG 2026 counselling process and pass..."
Heard Mr. P.Bosu Babu, learned counsel for the petitioner, Ms. Swapna Madhuri, learned Assistant Government Pleader for Medical and Health Department, appearing for respondent No.1 and Mr. T.Sharat, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences, appearing for respondent No.2. Inspite of service of notice, there is no representation for respondent Nos.3 and 4. Perused the record.
Case of the petitioner is that, at the time of admission into MBBS course in respondent No.3-college, he had submitted all his original certificates including SSC Marks Memo, Intermediate Marks Memo, NEET Rank Card, NEET Hall Ticket, Transfer Certificate, Migration Certificate and Bonafide Certificates. Upon successful completion of the course, respondent No.2-University issued a Provisional Certificate to him. Thereafter, he completed his One Year Compulsory Rotatory Internship, pursuant to which, an Internship Completion Certificate was issued to him. He has further obtained registration with the Telangana Medical Council. Further case of the petitioner is that he had paid Rs.47,50,000/- towards tuition and allied fees for the first four years of the course. However, owing to financial constraints, he could not pay the balance tuition fee of Rs.11,75,000/- for the final year, on account of which the respondents have been illegally withholding his original certificates. Further case of the petitioner is that he had applied for issuance of the Original Degree Certificate, but the status of his application is shown as 'Approval Pending at Principal'. Hence, the present writ petition.
Learned counsel for the petitioner submits that respondent Nos.3 and 4 have been illegally withholding the original certificates of the petitioner, due to which, he has been unable to complete the process of obtaining permanent registration with the Medical Council or secure employment for the past one year, thereby bringing his career and livelihood to a standstill. He further submits that the petitioner has applied for NEET PG 2026 and as per the online counselling schedule published by the Medical Counselling Committee (MCC), the petitioner is required to produce his original certificates for verification and report before the allotted college. He further submits that any further delay in release of the petitioner's original certificates would irreparably prejudice his career, which cannot be compensated by any subsequent monetary relief. Therefore, he requested this Court to direct respondent Nos.3 and 4 to forthwith return the petitioner's original certificates.
Learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences appearing for respondent No.2 opposed for the same.
It is not in dispute that the petitioner had submitted his original certificates to respondent No.3 at the time of admission into MBBS course and subsequently completed his course. It is also not in dispute that the original certificates of the petitioner were presently in the custody of respondent No.3. 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.3 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 his original certificates.
For the foregoing discussion, this Writ Petition is allowed, directing respondent Nos.3 and 4 to 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.