Educational institutions cannot withhold students' original certificates due to outstanding fees, as it is impermissible under law.

ORDER :

Surepalli Nanda, J.

Heard Sri K. Mallaiah, learned counsel appearing on behalf of petitioners, learned Assistant Government Pleader for General Administration, appearing on behalf of respondent No.1, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.2 and 3 and Sri Malipeddi Srinivas Reddy, learned Standing Counsel for Osmania University, appearing on behalf of respondent No.4.

2. The petitioners approached the Court seeking prayer as under:

“…to issue an appropriate writ, order or direction, more particularly a Writ of Mandamus, declaring the action of Respondent No.5 in withholding the petitioners’ original certificates as illegal, arbitrary and unconstitutional and violation of the principles of natural justice, and restrain the institution/colleges from withholding original certificates due to outstanding amounts from the government or any including unpaid fees and regulations mentioned under Rule 2(F)(6) and Rule 4(C) issued by the U.G.C. notification vide file No.14-4/2012(CPP-1) in October 2018 and violations issued by Respondent No.4 vide letter dated 05-08-2024 and violation of Article 14 , Article 19 and Article 21 of Constitution of India consequently direct Respondents to issue all the original certificates and documents (SSC, INTERMEDIATE, LLB CERTIFICATES, TC and BONAFIDE) which are holding with Respondent No.5 and pass...”.

3. The case of the petitioners in brief as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition is as under:

i) The Petitioners had studied in Respondent No. 5 College- i.e., Mahatma Gandhi Law College, NTR Nagar, L.B. Nagar, Hyderabad pursuing different five-year Integrated Law Courses (BBA LLB, B.Com LLB, and B.A LLB) under the Government Fee Reimbursement Scheme.

ii) Upon completion of courses, the petitioners approached the college for collection of original certificates including SSC, Intermediate, and LLB marks memos, Transfer Certificate, and Bona fide Certificate. However, the authorities of Respondent No. 5 college refused to release the certificates on the ground that the Government of Telangana had not yet released the pending fee reimbursement amounts.

iii) Despite repeated visits and requests, the college management failed to release the certificates and stated that unless the Petitioners paid the said amount, their documents would not be issued. Aggrieved by the action of the respondents, the petitioners filed the present writ petition.

4. The learned counsel appearing on behalf of the petitioners submits that the subject issue in the present writ petition is squarely covered by the order of this Court dated 27.10.2025 passed in W.P. No.32404 of 2025 and the order of this Court, dated 08.10.2025 passed in W.P.No.25952 of 2025.

5. The learned Assistant Government Pleader for Education, appearing on behalf of respondent Nos.2 and 3 does not dispute the said submission made by the learned counsel appearing on behalf of the petitioners.

6. It is specifically averred at para No.7 of the affidavit filed by the petitioner in support of the present writ petition, as under

“7. I submit that the filing of this writ petition on the basis of LLM Phase-II web options, edit of web options, allotment of the seat to the students and reported at concerned colleges for verification of original certificates along with tuition fee payment receipt from 31.10.2025 to 07.11.2025, the last date of verification of original certificates in the allotted colleges is 07.11.2025”.

7. 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,