Withholding original academic qualification certificates by the college is impermissible in law.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“...to issue a Writ, Order or Direction more particularly one in the nature of ‘Writ of Mandamus’ declaring the action of the 2nd Respondent-College for not returning the original academic qualification certificates of the petitioner who had completed M.B.B.S. Course without any dues in the said college, and in order to declare it as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India; and to pass such other order and orders… ”

2. The case of the petitioner is as follows:

3. The petitioner herein was admitted into Respondent No.2 College for MBBS UG course under ‘B’ category in the year 2015. At the time of admission, he submitted his certificates of previous qualifications, including the SSC Mark List, 12th Grade Mark List and Transfer Certificate, along with the verification form and application. He completed his four-year MBBS course and House Surgeon/Internship on 23.03.2021.

4. As per the guidelines of Respondent No.3 University, the person who admitted under ‘B’ category is liable to pay Rs.11,00,000/- each for every academic year towards tuition fee. Therefore, the petitioner, who was admitted under ‘B’ category, is liable to pay Rs.11,00,000/- each year towards tuition fees. Accordingly, on 06.08.2015, he paid Rs.11,00,000/- by way of DD towards tuition fees and other required university fee, bus fee of Rs.52,600/-. On 05.11.2016, he also paid a partial payment of fee i.e. Rs.3,00,000/- through Andhra Bank out of Rs.11,00,000/-

5. The petitioner claims to have paid the entire fees to the respondent and asserts that as of today, there are no outstanding fee dues in respect of Respondent No.2 College. Consequently, he submitted representations to Respondent No.2 College on 23.04.2021 and 10.11.2022, requesting for return of his original certificates held by the College.

6. The learned counsel for the petitioner has submitted that the bank guarantee, which was provided by the petitioner as a guarantee to the next year fees was returned to him on 04.12.2019, as he had already paid the entire tuition fee amount. Learned counsel further submits that due to non-return of his certificates, the petitioner is unable to apply for PG course despite having secured a score of 401 out of 800 marks in NEET-PG 2023 and accordingly, the petitioner has qualified for admission into PG courses. The petitioner has also approached Respondent No.2 College and requested for return of his original certificates. However, the Respondent No.2 rejected the petitioner’s request and also representations submitted by him. The rejection was based on the grounds that the petitioner is still liable to pay Rs.41,41,445/- out of the total tuition fee Rs.56,42,600/-.

7. The learned counsel for the petitioner submits that he had filed a memo regarding payment of fee for Rs.25,00,000/- on 03.12.2019 and Rs.2,80,000/- on 08.04.2020. He furnished receipts issued by Respondent No.2 College and also submitted additional receipts for bus fees and other fees paid by him. He further submits that, despite receiving the entire amount, Respondent No.2 erroneously claiming that the total amount had not been received from the petitioner and denying the petitioner’s Right to receive the original documents held by Respondent No.2.

8. Learned counsel for the petitioner also brought to the notice of this Court that a complaint was registered by third party against one of the accountants of Respondent No.2 institution vide FIR No.143/23 dated 08.04.2023. The complainant alleges that the accused accountant collected an amount of Rs.50,00,000/- from the students but did not account for it. In view of such scenario, the fee of the petitioner may be mismanaged by the said accused. He further submits that withholding the certificates by the College is nothing but detrimental to the petitioner’s future. Therefore, the Respondent No.2 ca