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Judgment
This Writ Petition is filed seeking the following relief:
"to issue a Writ or Order/s more particular one in the nature of Writ Mandamus, declaring the inaction of the respondent Nos.4 and 5 in not considering the representations of the Petitioners and more particularly the direction mail under Public Grievance AICTE PGRC dated 5.5.2026 of Respondent No.2 and on other dates, as being illegal, arbitrary, violative of principles of natural justice and violative of Articles 19, 21 and 51A of the Constitution of India and consequently direct Respondent Nos.4 and 5 to Return the original educational certificates of the petitioners including Transfer Certificates and be pleased to pass..."
Heard Mr. Mohd Lateef Khan, learned counsel for the petitioners, Mr. M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1, and Mr. Peri Prabhakar, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing for respondent No.3. Inspite of service of notice, none entered appearance on behalf of respondent Nos.4 and 5. Perused the record.
Case of the petitioners is that, at the time of their admission into the B.Tech course in respondent Nos.4 and 5-College, they submitted all their original certificates, including the original Secondary School Certificate (SSC) Marks Memorandum, Diploma Marks Memo, Provisional Certificate, Consolidated Marks Memo, Caste Certificate and Transfer Certificate. Further case of the petitioners is that upon successful completion of the course, they requested respondent Nos.4 and 5 to return their original certificates for pursuing higher studies. However, despite such request, respondent Nos.4 and 5 failed to return the same and illegally withheld the original certificates on the ground that the tuition fee reimbursement amount was yet to be released by the Government and further demanded payment of Rs.70,000/-, as a condition for their release. Petitioner No.1 paid the said amount, but the original certificates were still not returned and only scanned copies were provided. Aggrieved by the conduct of the respondent Nos.4 and 5- college, Petitioner No.1 lodged a complaint before the State Human Rights Commission and addressed an e-mail to respondent No.2 on 04.05.2026. Respondent No.2 thereafter directed respondent Nos.4 and 5 to immediately return the petitioners' original certificates, referring to Clause 6.45 of the AICTE APH 2024–27 and the AICTE circular dated 18.07.2025, which prohibit institutions from withholding original certificates of students. Despite the said directions, the respondent Nos.4 and 5-college continued to insist upon payment of the fees as a condition for releasing the original certificates. Further case of the petitioners is that they have already lost one academic year, and admissions to Post-Graduation courses for the academic year 2026 are due to close within three days. Unless the original certificates are immediately returned, the petitioners will suffer further irreparable loss and may be deprived of the opportunity to pursue higher education. Hence, the present writ petition.
Learned counsel for the petitioners submits that the petitioners require their original certificates for higher studies. Though the petitioners have successfully completed their B.Tech course in the year 2025, respondent Nos. 4 and 5 have 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 Nos.4 and 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 the petitioners have successfully completed their B.Tech course and the original certificates referred to above were presently in the custody of respondent Nos.4 and 5. The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioners. In such circumstances, respondent Nos.4 and 5 have 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 his original certificates.
For the foregoing discussion, this Writ Petition is disposed of, directing Respondent Nos.4 and 5 to forthwith return the original certificates referred to above, upon receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.