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Judgment
This Writ Petition is filed seeking the following relief:
"to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.4 in withholding the Petitioner's Original educational certificates on the ground of non payment of fees as illegal, arbitrary and in violation of Article 14 and 21 of constitution of India and consequently direct the respondent No.4 to return the original educational certificates including consolidated Marks Memo of LLM, Bonafide Certificate and Transfer Certificate of LLM ..."
Heard Mr. Abuzar Ahmed Khan, learned counsel for the petitioner, Mr. M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1, Mr. A.P.Suresh Ram, learned Standing Counsel for TGCHE, appearing for respondent No.2, Mr. Malipeddi Srinivas Reddy, learned Standing Counsel for Osmania University, appearing for respondent No.3. Inspite of service of notice, none entered appearance on behalf of respondent No.4. Perused the record.
Case of the petitioner is that, at the time of admission into the Master of Laws (LLM) course in respondent No.4 college, he submitted all his original certificates, including the original Marks Memorandum of Secondary School Certificate (SSC), original Intermediate (10+2) Memorandum of Marks, B.A. LL.B Certificate, Transfer Certificate, Income Certificate and other original certificates. It is the further case of the petitioner that upon successful completion of the course, he requested respondent No.4 to return his original certificates for pursuing higher studies and other career opportunities. However, despite such request, respondent No.4 failed to return the same and is 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.
Learned counsel for the petitioner submits that the petitioner requires his original certificates for higher studies and career opportunities. Though the petitioner has successfully completed his LL.M. course, respondent No. 4 has withheld the certificates on the ground that tuition fee reimbursement from the Government is pending. Such withholding is illegal, arbitrary, and unsustainable. Hence, he seeks a direction to respondent No. 4 to forthwith return all the original certificates of the petitioner.
It is not in dispute that at the time of admission, the petitioner submitted his original certificates referred to above and the petitioner has successfully completed his LL.M. course and the original certificates referred to above were presently in the custody of respondent No.4. The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioners. In such circumstances, respondent No.4 has no authority whatsoever to retain the said certificates and the retention of the petitioner original certificates is wholly unjustified and cannot be sustained. Even assuming that the college 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 college 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 his original certificates.
For the foregoing discussion, this Writ Petition is allowed, directing respondent No.4 to forthwith return the original certificates referred to above along with Consolidated Marks Memo of LL.M., Bonafide and Transfer 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.