Educational institutions are prohibited from withholding original certificates based on unpaid fees, as it violates constitutional rights and established regulations.

ORDER :

1. Heard Smt. Durga Bhavani, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 and 2, Sri Malipeddi Srinivas Reddy, learned Standing Counsel for Osmania University appearing on behalf of respondent No.3 and Sri K.P. Vijay Kumar, learned counsel appearing on behalf of respondent Nos.4 and 5.

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 Respondent Nos.4 and 5, in not returning petitioner’s original educational certificates (Transfer certificate, S.S.C. and Intermediate certificates) as illegal, arbitrary, unjust, unfair, and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently to direct the Respondents to return the original certificates of the petitioner without insisting upon any further payment of fee, and pass such other or further order…”

3. The case of the petitioner, in brief, is that the petitioner was admitted in the B.A., LL.B. (Five-Year Integrated Course) at the 4th respondent–college in the academic year 2015–16, during which the petitioner deposited the original educational certificates—Transfer Certificate, S.S.C., and Intermediate certificates—at the time of admission. Due to the unfortunate demise of the petitioner’s father and the consequent financial difficulties, the petitioner was compelled to discontinue studies after the 2nd semester. Despite several oral and written representations, including a legal notice dated 25.09.2025 which was issued to the Respondent Nos. 4 and 5, the college authorities have failed to return the petitioner’s original certificates, which are essential for seeking employment and pursuing the petitioner’s career. It is further the case of the petitioner that in accordance to the UGC (Grievance Redressal of Students) Regulations, 2018, and the AICTE Notification of 2018, institutions are prohibited from retaining original certificates under any circumstances. The Telangana Council of Higher Education has also issued Circular No.0508/TGCHE/Refund of Originals/2024, dated 05.08.2024, directing all colleges to return original certificates immediately on demand. Despite these binding directions and a recent order of this Court in W.P. No.32404 of 2025 dated 27.10.2025 against the same institution, the respondent no.4 had continued to withhold the petitioner’s certificates. Aggrieved by the said action, the petitioner has filed the present writ petition.

4. PERUSED THE RECORD (A) The letter vide Lr.No.0508/TGCHE/Refund of Originals/2024, dated 05.08.2024 issued by the Telangana Council of Higher Education, Hyderabad addressed to the Registrars of OU, KU, TU, MGU, SU, PU, JNTU, JNAFAU & TMVV is extracted hereunder:

“Sir,

Sub:- TGCHE Withholding of Original Certificates of the Students – Instructions to the Universities/Colleges - Regarding.

Ref:- This office Lr. No. TGCHE/Fee Reimbursement /2024, dt.23.02.2024 While referring to the subject and reference cited that in continuation of earlier letter, it has come to the notice of the Government that certain private colleges are withholding the original certificates of students on the pretext of not receiving fee reimbursement from the Government Withholding of original certificates will have significant implications for the students, especially when they need to present these documents to join for higher education, applying or joining for jobs and other purposes Further, in terms of UGC (Grievance Redres