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Judgment
This Writ Petition is filed seeking the following relief:
"to issue a direction or directions, order or orders, writ or writs, more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring action of the Respondent No.5 college in withholding/retaining the Original Educational Certificates of the Petitioner herein on the alleged ground of non-payment of fees, notwithstanding that the Petitioner is a meritorious student covered by a 100% Government Scholarship i.e., the Day Scholar Post-Matric Scholarship, and that the applicable fee is liable to be claimed by the Respondent No.5 College from the concerned Government authorities i.e., the Respondent No.2 Department, as illegal, arbitrary and volatile of the principles of natural justice and Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent No. 5 college to forthwith release and hand over all the original educational certificates and academic records belonging to the Petitioner without any further delay..."
Heard Mr. Abdul Rab Malik, learned counsel for the petitioner, 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 petitioner is that, at the time of his admission into the B.Tech course in respondent Nos.4 and 5-College, he submitted all the original certificates, including the original 10th class Marks Memorandum, Intermediate Memo, Consolidated Memo and the Provisional Certificate issued by respondent No.3. Further case of the petitioner is that upon successful completion of the course, he requested respondent Nos.4 and 5 to return his original certificates for pursuing higher studies and for securing employment. However, despite such request, respondent Nos.4 and 5 failed to return the same and are 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 fee as a condition for the release of the certificates, without considering the fact that the petitioner is a student covered under the Day Scholar Post Matric Scholarship granted by respondent No.2. Further case of the petitioner is that he has already lost one academic year and unless the original certificates are immediately returned, the petitioner will suffer further irreparable loss and may be deprived of the opportunity to pursue higher education and secure employment. Hence, the present writ petition.
Learned counsel for the petitioner submits that the petitioner requires his original certificates for pursuing higher studies and securing employment. Though the petitioner has successfully completed his B.Tech course in the year 2025, respondent Nos.4 and 5 have been withholding the certificates on the ground that 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 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 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 petitioner. In such circumstances, respondent Nos.4 and 5 have 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 Nos. 4 and 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.