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Judgment
This Writ Petition is filed seeking the following relief:
"to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th respondent in withholding the petitioners original certificates as illegal, unjust and violation of principles of natural justice and restrain the institution/College from withholding original certificate due to outstanding amounts for the Government or any including unpaid fees and regulations mentioned under Rule 2(F)(6) and Rule 4.0 issued by UGC notification vide file No.14-4/2012(CPP-1)in October 2018 and BY Cir. No. JNTUH/DAAA/Students/Fee Reimbursement/2024, Dated 07/03/2024 and violations issued by respondent No.4 and AICTE Circular F.No 1- 101/DPG/AICTE/Regulations/2019 dated 29/03/2019 and violation of Article 14,19 and 21 of Constitution of India, Consequently direct the respondents to issue all the Original Certificates including Provisional Certificate, Consolidated Mark Sheet Memo, Study Conduct, Transfer certificate, 10th Memo, 10th Study Conduct, Inter Memo, Inter Study Conduct are holding with respondent No.5 and pass.
Heard Mr. Grandhi Srikanth, learned counsel for the petitioners, Mr. T. Sharath, learned Assistant Government Pleader for Higher Education, appearing for respondent Nos.1 and 2, Mr. Peri Prabhakar, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing for respondent No.4 and Mr. G.V.S. Ganesh, learned counsel for respondent No.5. Perused the record.
Case of the petitioners is that, at the time of their admission into the B.Tech course in respondent No.5-College, they submitted all their original certificates, including the Provisional Certificate, Consolidated Mark Sheet Memo, Study Conduct, Transfer Certificate, 10th Memo, 10th Study Conduct, Inter Memo, Inter Study Conduct. Further case of the petitioners is that upon successful completion of the course, they requested respondent No.5 to return their original certificates, as the same were required for securing employment and they have made several representations to respondent Nos.4 and 5 requesting the return of their original certificates. However, despite such request, respondent No.5 failed to return the same and is illegally withholding the original certificates on the ground that the fee reimbursement amount was yet to be released by the Government and further demanded payment of the entire course fee as a condition precedent for the release of the original certificates, without considering the fact that the petitioners are students covered under the EWS category. Further case of the petitioners is that they are being irrevocably deprived of the opportunity to submit their certificates to a software company for employment by 31.08.2026. Unless the original certificates are immediately returned, the petitioners will suffer further irreparable loss and may be deprived of the opportunity to secure employment. Hence, the present writ petition.
Learned counsel for the petitioners submits that the petitioners require their original certificates for securing employment. Though the petitioners have successfully completed their B.Tech course, respondent No.5 has been withholding the certificates on the ground that the fee reimbursement from the Government is pending. Such withholding is illegal, arbitrary, and unsustainable. Hence, he seeks a direction to respondent No. 5 to forthwith return all the original certificates of the petitioners.
It is not in dispute that, at the time of admission, the petitioners submitted their original certificates referred to above and that the petitioners have successfully completed their B.Tech course and the original certificates referred to above are presently in the custody of respondent No.5. The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioners. In such circumstances, respondent No.5 has no authority whatsoever to retain the said certificates and the retention of the petitioners' original certificates is wholly unjustified and cannot be sustained. Even assuming that the college has any monetary claim against the petitioners, withholding the original certificates of the petitioners 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 petitioners' 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 petitioners are entitled to the immediate return of their original certificates.
For the foregoing discussion, this Writ Petition is allowed, directing respondent No.5 to return the original certificates referred to above, 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.