The withholding of educational certificates by institutions for non-payment of fees violates Articles 14 and 21 of the Constitution and lacks legal justification.

ORDER :

Surepalli Nanda, J.

Heard Ms. T.Tejaswini Rathod, learned counsel representing Sri P.Sri Harsha Reddy, learned counsel appearing on behalf of the petitioner on record, and learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 to 3.

2. The petitioner 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 the 4th Respondent in withholding the petitioners original educational certificates as illegal, arbitrary unconstitutional and violative of the principles of natural justice and further declare that withholding original certificates on the ground of nonpayment of fees is violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents particularly Respondent No.4 to release all original educational certificates and documents including the Marks Sheet and Degree Certificate which are unlawfully withheld and to 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 completed B.Tech. in Computer Science and Engineering (CSE) from the 4^th Respondent University, in the year 2024, bearing Roll No. SE20UCSE2442. At the time of the convocation held on 02.08.2024, the petitioner was issued only a Provisional/Passed Out Certificate. Despite enquiries and repeated requests, the petitioner’s original marks sheet and degree certificate had not been issued by the University on the ground of alleged pending fee dues. The petitioner belongs to the Scheduled Caste (Madiga) community and, due to severe financial constraints, is unable to pay the said alleged pending fees. The withholding of the original certificates has adversely affected the petitioner’s prospects of pursuing higher studies and securing employment, both in India and abroad.

It is further the case of the petitioner that aggrieved by the action of the 4^th respondent, the petitioner submitted a representation dated 17.10.2025 before the Telangana State Human Rights Commission (TSHRC). The Commission, vide proceedings dated 03.11.2025 in HRC No. 6816 of 2025, granted interim relief in favour of the petitioner by recommending to the Chairman and Vice-Chancellor of Mahindra University to return the original educational certificates and to issue the Transfer Certificate, Study Certificate, and Conduct Certificate within three days. The Commission further directed their personal appearance before it on 18.11.2025.

It is further the case of the petitioner that challenging the said proceedings of the Human Rights Commission, the 4th respondent filed W.P. No. 33657 of 2025 before this Hon’ble Court, and by order dated 06.11.2025, this Hon’ble Court granted a stay of the proceedings of the Human Rights Commission. Due to the subsisting stay, the 4^th respondent has continued to withhold the petitioner’s original certificates, thereby infringing the petitioner’s fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. Aggrieved by the same, 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