AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Petition is filed seeking the following relief:
"to issue a Writ Order or Direction more particularly one in the nature of the Writ of Order Mandamus under Article 226 of the constitution of India by directing the Respondent No.4 to forthwith return the original certificates of SSC Memo, Intermediate Memo and Bonafide Transfer Certificate and other documents submitted at the time of admission without any precondition and declare that the action of Respondent No.4 on withholding the original certificates and documents of the Petitioner as illegal arbitrary unconstitutional and violation of the Petitioners fundamental rights under Article 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to return all the original certificates of SSC and Intermediate of the Petitioner immediately in the interest of justice and may pass..."
Heard Ms.G.Satya Kameshwari, learned counsel representing Ms.T.Vandhi Kritha, 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 and Mr.S.Yogesh, learned Assistant Government Pleader for Social Welfare, appearing for respondent No.5.
With the consent of both parties, the Writ Petition is disposed of at the stage of Admission. Considering the urgency expressed by the learned counsel for the petitioner, notice to respondent No.4 is dispensed with. Perused the record.
The case of the petitioner is that, at the time of admission into the B.Ed. (Biological Sciences) course in respondent No.4-college, she submitted all her original certificates including her SSC Marks Memo, Intermediate Memo, Transfer Certificate and Bonafide Certificate and other relevant certificates. Upon successful completion of the course, the petitioner sought to pursue higher education and applied for admission to the M.A. English course at Dr. B.R. Ambedkar Open University for the academic year 2026-27, and was granted admission therein. Further case of the petitioner is that, when she approached respondent No.4 for return of her original certificates, respondent No.4 insisted upon payment of the entire fee for the academic year 2025-26, although the petitioner is eligible for fee reimbursement under the Telangana Government SC Welfare Scheme. Hence, the present writ petition.
Learned counsel for the petitioner submits that the petitioner has secured a seat in Dr. B.R.Ambedkar Open University and is required to complete the admission registration and pay the requisite fee for the academic year 2026-27, for which the last date is tomorrow, i.e., 30.09.2026. Any further delay in release of the petitioner's certificates would irreparably prejudice her career by causing loss of admission itself and such irreparable loss cannot be compensated. She further submits that the action of respondent No.4 in withholding the original certificates of the petitioner as a means of coercing payment of fees, when the very fees is liable to be covered by the pending fee reimbursement, is illegal and arbitrary. Therefore, she seeks a direction to respondent No.4 to forthwith return the petitioner's original certificates.
It is not in dispute that the petitioner had submitted her original certificates to respondent No.4 at the time of admission into B.Ed. (Biological Sciences) course and subsequently completed her course. It is also not in dispute that the original certificates of the petitioner were presently in the custody of respondent No.4. The said certificates, being personal and academic credentials, are undoubtedly the exclusive property of the petitioner. In the absence of any statutory or legal authority, respondent No.4 has no authority whatsoever to retain the petitioner's original certificates. Even assuming that the college has any monetary claim against the petitioner, the proper remedy, if any, available 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 recovery of any amount claimed by it and such retention is wholly 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 her original certificates.
For the foregoing discussion, this Writ Petition is allowed, directing respondent No.4 to forthwith return all the original certificates referred to above to the petitioner. No costs. Pending miscellaneous applications, if any, shall stand closed.