Mukka Abyudaya vs State of Telangana & Others

This Writ Petition is filed seeking the following relief:

Heard Mr.Yeddu Divakar, learned counsel for the petitioner, Mr. M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1, Mr.Peri Prabhakar, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing for respondent No.2 and Mr. Vinay Krishna Kodali, learned counsel for respondent No.3. Perused the record.

Case of the petitioner is that, at the time of his admission into the B.Tech course in respondent No.3-College, he submitted all his original certificates, including the SSC Original Marks Memo, Intermediate Marks Memo, CSE (Data Science) Graduation certificate, Bonafides and Transfer Certificate. Further case of the petitioner is that, upon successful completion of the course, he applied for the TG LAWCET 2026 entrance examination, for admission to the LLB 3 years course, subsequently the admit card was issued and he appeared for the said examination. Thereafter, the results were published and he was declared qualified and invited for online certificate verification. In view of the same the petitioner approached respondent No.3-college for the return of original certificates and explained the process of online certificate verification. After several requests, respondent No.3-college authorities, agreed to issue Xerox copies of the certificates, which were thereafter obtained and uploaded for online verification. Subsequently, the petitioner secured admission to the 3 years LLB course and was required to produce all the original certificates before the allotted college for physical verification. The petitioner again approached respondent No.3 –College and requested the return of the original certificates. However, the College refused to return the same and is illegally withholding the petitioner's original certificates on the ground that the fee reimbursement amount is 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 petitioner is a student covered under the TG Pass Scholarship. Unless the original certificates are returned to the petitioner forthwith, the petitioner will suffer further irreparable loss and may be deprived of the opportunity to secure admission to the allotted college. Hence, the present writ petition.

Learned counsel for the petitioner submits that the petitioner require his original certificates for securing admission to the 3 years LLB course. Though the petitioner has successfully completed the B.Tech course, respondent No.3 has been withholding the original 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.3 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 that he has successfully completed his B.Tech course and the original certificates referred to above are presently in the custody of respondent No.3. The said certificates, being the personal and academic credentials, are undoubtedly the property of the petitioner. In such circumstances, respondent No.3 has 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 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.3 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.