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Judgment
This Writ Petition is filed seeking the following relief:
"issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos 2 and 3 in withholding the petitioners Original Educational Certificates including the Degree Certificate Provisional Certificate Consolidated Marks Memo Semester Marks Memos Transfer Certificate Migration Certificate and all other original academic documents on the ground of alleged nonpayment of fees despite the petitioners fee reimbursement application being pending before the competent authorities and despite the petitioner having qualified in TG PGECET2026 securing Rank No 500 as illegal arbitrary unreasonable violative of Articles 14 and 21 of the Constitution of India and contrary to settled principles of law and consequently direct Respondent Nos 2 and 3 to forthwith release and hand over all the Original Educational Certificates to the petitioner without insisting upon payment of the alleged outstanding fee leaving it open to the respondents to recover any legally recoverable dues in accordance with law and pass and pass..."
2. Heard Mr. Ram Prasad Teegala, learned counsel for the petitioner. In-spite of service of notice, there is no representation for respondent Nos.2 and 3-University.
3. Case of the petitioners is that at the time of admission into the Bachelor of Pharmacy (B. Pharmacy) course, she submitted all her original certificates to the respondent Nos.2 and 3-University. It is the further case of the petitioner that, upon successful completion of the course, she approached Respondent Nos.2 and 3-University for the return of her original certificates. However, respondent Nos.2 and 3-University have failed to return the same and are illegally withholding the original certificates on the ground that the tuition fee reimbursement amount is yet to be released by the Government. Hence, the present writ petition.
4. Learned counsel for the petitioner submits that though the petitioner successfully completed her B.Pharmacy course, respondent Nos.2 and 3 have failed to return the original certificates submitted by her at the time of admission, on the ground of pending tuition fee reimbursement from the Government, which is wholly illegal, arbitrary and unsustainable. Therefore, he seeks a direction to respondent Nos.2 and 3-University to forthwith return all the original certificates of the petitioner.
Perused the record.
It is not in dispute that at the time of admission, the petitioner submitted her original certificates and the petitioner had successfully completed her B. Pharmacy course and the original certificates were presently in the custody of respondent Nos.2 and 3-University. The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioner. In such circumstances, respondent Nos.2 and 3-University have no authority whatsoever to retain the said certificates and the retention of the petitioner's original certificates is wholly unjustified and cannot be sustained. Even assuming that the University has any monetary claim against the petitioner, withholding the original certificates of the petitioner cannot be adopted as a mode of enforcing such claim. The proper remedy available to the college, if any, is to pursue appropriate proceedings in accordance with law for recovery of its dues. However, the University cannot retain the petitioner's original certificates as security for the recovery of any amount claimed by it. Such retention is 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 allowed, directing respondent Nos.2 and 3-University to forthwith return all the original certificates to the petitioner. No costs.
Pending miscellaneous applications, if any, shall stand closed.