Educational institutions cannot withhold Transfer Certificates for financial dues; such actions violate established legal principles.

ORDER :

1. Heard party-in-person, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent No.1 and Sri P.Bhanu Prakash, learned standing counsel appearing on behalf of the respondent Nos.2 to 4.

2. The party-in-person approached this Court seeking the prayer as under:

“…..to pass an Order or Orders Directions or a Writ or more particularly one in the nature of Writ of Mandamus declaring the impugned actions of Respondent Nos.2 and 4 in not considering Representation Dt 14.09.2024 as illegal and consequently direct Respondent Nos. 1 and 2 to consider and pass a decision on Representation Dt 14.09.2024 or in the alternative declare the instructions of Respondent No. 4 to get No Dues from Respondent No. 3 despite the petitioner being a Non-boarder as illegal and pass….”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The Petitioner pursued the B.A. LL.B (Self-Finance) Course at the University College of Law, Kakatiya University, Warangal (Subedari), during the 2019–2024 batch. The Petitioner paid all dues and successfully completed the course. The Petitioner was neither a hostel boarder nor a scholarship holder at the College of Respondent Nos. 2 and 3 and had never obtained a mess card at any point during the study period.

It is further the case of the petitioner that after payment of the entire tuition fee, Respondent No. 3 issued the hall ticket for the 10th Semester Examinations held in August 2024 and subsequently published the results. Following the instructions of Respondent No. 3, the Petitioner obtained the necessary attestations on the No-Due Certificate from the Library, Accounts, and NSS Sections. Upon informing the Hon’ble Vice- Chancellor regarding the delay, the office staff of Respondent No. 3 endorsed that the Petitioner was a non-boarder, affixed the seal of the Director of Hostels, and directed the Petitioner to approach Respondent No. 3 for signature. However, Respondent No. 3 wilfully and illegally refused to sign the No-Due Certificate on the ground that the Petitioner had lodged a complaint against Respondent No.3 before the Hon’ble Vice-Chancellor.

Consequently, the Respondents withheld the Transfer Certificate (T.C.) of the Petitioner.

It is further the case of the petitioner that Respondent No. 4 also refused to issue the Transfer Certificate on the pretext that the No-Due Certificate signed by Respondent No. 3 had not been submitted, and coerced the Petitioner into giving an undertaking dated 17.09.2024 to that effect. The Petitioner thereafter issued a legal notice dated 19.09.2024 through RPAD (Consignment Nos. RN130852605IN and RN130852614IN), and called upon the respondents to issue the Transfer Certificate within seven (7) working days, however, no action had been taken by the respondnets. Aggrieved by the arbitrary, illegal, and vindictive actions of the Respondents, the Petitioner has filed the present Writ Petition before this Hon’ble Court.

4. PERUSED THE RECORD - This Court decided a similar issue vide its judgment, dated 08.10.2025, passed in W.P.No.25952 of 2025. This Court opines that the Transfer Certificate of the petitioner cannot be withheld by the 4^th respondent under any pretext.

5. 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.

6. In the judgment of the High Court of Madras, Madurai Bench in S. Muthukamatchi vs. The Director of Technical Education, Anna University an