Syed Mubeen vs State Of Telangana & Ors.

This Writ Petition is filed seeking the following relief:

Heard Mr. Syed Ahmed, learned counsel representing Mr. K.Karunakar, learned counsel for the petitioner, Mr. M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1 and Mr Prabhakar Peri, learned Standing Counsel for JNTU, appearing for respondent No.2. Notice sent to respondent No.3 was returned with an endorsement 'refused'. Refusal of notice amounts to proper service of notice. Perused the record.

Case of the petitioner is that, at the time of admission into B.Tech course in respondent No.3 college, he has submitted all his original certificates i.e., SSC Marks Memo, Intermediate Short and Long Memo, Provisional Certificate, Consolidated Marks Memo, Caste Certificate and Transfer Certificate. Upon successful completion of the course, he approached respondent No.3 several times seeking return of his original certificates, but respondent No.3 refused for the same, on the ground that the fee reimbursement by the Government is pending. Hence, the present writ petition.

Learned counsel for the petitioner submits that the petitioner completed his B.Tech course in the year 2025. However, respondent No.3 has failed to return the petitioner's original certificates, due to which the petitioner has been unable to secure admission to the M.Tech course or obtain employment. Already, the petitioner has lost one academic year. For the present academic year, counselling for the M.Tech course has already been concluded and the petitioner intends to join the M.Tech course under the management quota. He is now required to submit his original certificates before the concerned college. Any further delay in release of the petitioner's certificates would irreparably prejudice his career and such irreparable loss cannot be compensated by any subsequent monetary relief. Therefore, he requested this Court to direct respondent No.3 to forthwith return the petitioner's original certificates.

It is not in dispute that the petitioner had submitted his original certificates to respondent No.3 at the time of admission into B.Tech course and subsequently completed his course. It is also not in dispute that the original certificates of the petitioner were presently in the custody of respondent No.3. 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.3 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 his original certificates.

For the foregoing discussion, this Writ Petition is allowed, directing the petitioner to submit a representation before respondent No.3, seeking return of his original certificates referred to above, within a period of one (1) week, from the date of receipt of a copy of this order. On such application being filed, respondent No.3 shall consider the same and return the original certificates referred to above to the petitioner, within a period of one (1) week thereafter. No costs.

Pending miscellaneous applications, if any, shall stand closed.