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Telangana High Court

Syeda Shaima vs The State Of Telangana on 1 December, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

     IN THE HIGH COURT FOR THE STATE OF TELANGANA
                    AT HYDERABAD

         HON'BLE MRS. JUSTICE SUREPALLI NANDA

             WRIT PETITION No.33648 OF 2025

                       DATE: 01.12.2025

Between :

Syeda Shaima
                                                 ...     Petitioner
      And

The State of Telangana,
Medical Health & Family Welfare Department,
Secretariat, Hyderabad & two others
                                           ...         Respondents

ORDER:

Heard Sri L. Ram Singh, learned counsel appearing

on behalf of the petitioner, learned Government Pleader

for Medical Health and Family Welfare, appearing on

behalf of respondent No.1, and learned Standing Counsel

appearing on behalf of respondent No.2, and Sri Srinivas

Rao Pachwa, learned counsel appearing on behalf of

respondent No.3.

2. The petitioner approached this Court seeking the

prayer as under:

"...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not returning

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the original academic qualification certificates of the petitioner who has discontinued study of Bachelor of Dental Sciences (BDS) Course in the 1st year in the 3rd respondent Dental College as illegal, arbitrary, and violative of Articles 14 and 300-A of the Constitution fo India and consequently direct the 2nd and 3rd respondents to return the petitioner's original certificates viz 1. Secondary School Statement of Marks, 2. Secondary School Pass Certificate, 3. Intermediate Marks Certificate, 4. School & Intermediate Study Certificates-2 and 5. Intermediate Transfer Certificate, to the petitioner and pass any such other order..."

3. The case of the petitioner, in brief, is that the petitioner

was allotted a seat in BDS Course in Balaji Dental College,

Moinabad, under Management Quota Category and the petitioner

had joined in the said college on 03.10.2024 by paying 1st year

fees Rs.5,65,000/- and submitted all the original educational

documents. After taking admission, the petitioner felt sick and

the petitioner's health deteriorated day by day, the petitioner

was unable to continue BDS course and discontinued the said

course.

It is further the case of the petitioner that when the

petitioner requested for return of the original educational

certificates, the respondent authorities refused to release the

original certificates and further demanded to pay balance fee of

entire BDS course and also Rs.20,00,000/- towards penalty for

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discontinuation of the course. Aggrieved by the same, the

petitioner filed the present writ petition.

4. PERUSED THE RECORD

(A) UGC guidelines, dated 23.04.2007, in particular,

paragraph No.2 reads as under:

"2. The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for institutions and Universities to retain the School/Institution, Leaving Certificate, mark sheet, caste certificate and other documents in original."

5. The Division Bench of this Court in its Judgment dated

24.01.2020 passed in W.P. No.21137 of 2019 in D.Vaishnavi vs.

State of Telangana had struck down paragraph No.7 (iii) of

G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates

submitted by the petitioner/candidate shall not to be returned to

them, till they complete their course of study and appear for

the University examination holding it as un-constitutional. A

similar view was taken by this Court in Mahatma Gandhi Law

College, NTR Nagar, Hyderabad v. State of Telangana vide

Judgment dated 09.12.2022 passed in W.P.No.22417 of 2018. A

Similar view was also taken vide Judgment of this Court dated

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29.10.2024 passed in W.P.No.25559 of 2024 in Lakshmi

Saranya v. The State of Telangana.

6. A Division Bench of this Court vide its judgment,

dated 24.01.2020 in W.P.No.21137 of 2019 dealing with

withholding of original academic qualification certificates

of the students observed at paragraph Nos. 29 and 30 as

under:-

"29. We are not expressing any opinion on the right of the 3rd respondent-College to recover amounts towards the entire course fee or the bond amount of Rs.3 lakhs from the petitioner / her parent, but we hold that withholding her original academic qualification certificates, is impermissible in law.

30. Therefore, the Writ Petition is allowed; the action of the 3rd respondent-College in not returning the original academic qualification certificates of the petitioner who had discontinued study of M.B.B.S. I year course in the said college, is declared as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India; Para no.7(iii) of G.O.MS.No.114, Health, Medical and Family Welfare (C.1) Department, dt.05.07.2017 is declared to be ultra vires the powers of the State Government under the Telangana Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 (Act 5 of 1983); and the 3rd respondent is forthwith directed to return the original academic qualification certificates of the petitioner to her. No costs."

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The Division Bench very clearly observed that

withholding the original academic qualification

certificates of the students is impermissible in law.

7. The High Court of Madras in "K.Palanisamy Vs.

Correspondent, Vidya Vikash Matriculation School and

Others" of Madurai Bench in WP (MD) 20726 of 2019

decided on 17.10.2019 reported in MANU/TN/6538/2019,

held that certificates of students could not be held back by

educational institutions citing financial dues.

8. In the judgment of the High Court of Delhi in Court on

its own Motion Vs. Directorate of Education & Ors. in WP

(C) 6658 of 2019 & CM APPL.30816.0 of 2019, dated

11.07.2019, it was held as under:-

"8. There are methods of recovering the outstanding school fees with the school. Even a suit could have been filed by Respondent No.2 upon the parents of the students, which has not been done so far. No such suit has been instituted by Respondent School for the recovery of outstanding fees.

9. In view of these facts, this Court is of the opinion that the School Leaving Certificates cannot be withheld by the respondents."

9. In S.Muthukamatchi vs. The Director of Technical

Education, Anna University in W.P.(MD) NO.14394 of

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2012, dated 18.12.2012, the Madras High Court at

Madurai Bench categorically held that certificates of

student is her/his property. College cannot detain the said

certificates at any costs. Even if the college has any

monetary claim, the rejection of the said certificates is not

the method by which the claim can be enforced. There is

no lien on the certificates of the students.

10. The Madras High Court in R.Pradeep Raj v.

Commissioner, the Directorate of Technical Education

reported in 2019 SCC OnLine Mad.9385, and this Court in

Kaluri Shiva Sai Teja vs. The State of Telangana in

W.P.No.2930 of 2022, dated 24.06.2022 and D.Vaishnavi

vs. State of Telangana, represented by its Prinicipal

Secretary Health Medical and Family Welfare, Hydeabad in

W.P.No.21137 of 2019, dated 24.01.2020 and also the

High Court of Andhra Pradesh at Amaravati in Andrha

Pradesh Private Unaided Schools Management Association

v. The State of Andhra Pradesh in W.P.No.9606 of 2021,

dated 27.10.2021 directed the concerned college

authorities to return the certificates and granted liberty to

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the college to claim fee by availing legal remedies in

similar circumstances.

11. Based on the Division Bench Judgment of this Court

dated 24.01.2020 passed in W.P.No.21137 of 2019, this

Court had allowed W.P.No.34185 of 2023 vide its order

dated 03.06.2024 granting identical relief as granted in

W.P.No.21137 of 2019.

12. This Court opines that UGC by its guidelines (referred to

and extracted above) had directed the Universities, to which the

colleges like the 3rd respondent are affiliated, to initiate action

when such instances are brought to their notice and in spite of

the aforesaid guidelines issued by the UGC, no action is being

taken, and on the other hand, students, like the petitioner, are

forced to approach this Court seeking return of originals and only

after orders are passed by this Court, the originals are being

returned to the students, notwithstanding the fact that the

colleges like the respondent No.3, have any claim towards fee,

the said institutions are required to initiate proceedings for

recovery of fee dues and cannot resort to withholding of

certificates of the students in violation of the UGC guidelines.

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13. Learned counsel appearing on behalf of the

petitioner mainly contends that the subject issue in the

present writ petition squarely covered by the order of this

Court dated 24.01.2020 passed in W.P.No.21137 of 2019

and the order dated 27.10.2025 passed in W.P.No.32404

of 2025. Learned Government Pleader appearing on behalf

of the respondents does not dispute the said submission

made by the learned counsel appearing on behalf of the

petitioner.

DISCUSSION AND CONCLUSION:

14. This Court opines that the respondents 2 and 3 cannot

withhold the petitioner's original certificates such as

1) Secondary School Statement of Marks, 2) Secondary School

Pass Certificate, 3) Intermediate Marks Certificate, 4) School &

Intermediate Study Certificates and 5) Intermediate Transfer

Certificate, under any pretext. There is no lien on the certificate

of the students since the certificate of the student is his/her

property. This Court opines that the right of students to obtain

their Certificates cannot be denied by the concerned authorities

merely because the tuition fee is due and if any amount is due

from the petitioner towards such fees, the proper course

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available to the respondents is to initiate appropriate

proceedings against the petitioner for recovery before the

competent Court and coercive tactics cannot be adopted by the

respondents to make the petitioner to pay the tuition fee. This

Court opines that there is no justification on the part of the

respondents 2 and 3 in withholding the original Certificates of

the petitioner for non-payment of tuition fee.

15. A bare perusal of the record indicates that as per the

guidelines of UGC, colleges cannot withhold or refuse to return

any document such as of certificates of degree, diploma or any

other award or other document deposited with it by students for

the purpose of seeking admission in such institution. Therefore

duly taking into consideration the view of the various High

Courts on the subject issue in various Judgments, referred to

and extracted above, this Court opines that petitioner is entitled

for grant of relief as prayed for in the present writ petition.

16. Taking into consideration :

(a) The aforesaid facts and circumstances of the

case,

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(b) The submissions made by the learned counsel

appearing on behalf of the petitioner and the learned

counsel appearing on behalf of the respondents,

(c) The observations on the subject issue

pertaining to withholding of original certificates of the

students, by the Authorities concerned in the Judgments

of the various High Courts (referred to and extracted

above),

(e) The UGC guidelines, dated 23.04.2007,

The Writ Petition is allowed as prayed for. The

respondents are directed to return all original certificates

of the petitioner i.e., (1) Secondary School Statement of

Marks, (2) Secondary School Pass Certificate, (3)

Intermediate Marks Certificate, (4) School and

Intermediate Study Certificates and (5) Intermediate

Transfer Certificate submitted by the petitioner at the

time of admission into the 3rd Respondent College herein,

by duly taking into consideration the observations in the

various judgments (referred to and extracted above) and

also the UGC guidelines, dated 23.04.2007 (referred to

and extracted above), within a period of one (01) week

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from the date of receipt of a copy of this order. However,

there shall be no order as to cost.

The miscellaneous applications, if any pending, shall stand

closed.

___________________________ MRS. JUSTICE SUREPALLI NANDA

Date: 01.12.2025 Note: CC in two days.

(B/o) Yvkr

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THE HON'BLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION No.33648 OF 2025

Date: 01.12.2025 Note: CC in two days.

(B/o) Yvkr