Institutions cannot withhold students' original certificates due to unpaid fees, as this violates constitutional rights and established regulations.

ORDER :

Surepalli Nanda, J.

Heard Sri D.Pochaiah, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 to 3 and Sri Maripelli Srinivas Reddy, learned standing counsel appearing on behalf of the 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 and LLB), which are holding with Respondent No. 5 and pass”.

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

The Petitioners are students of the 5th Respondent College who were admitted through TS-LAWCET in the academic year 2020 into various five-year integrated law courses, namely B.A. LL.B., B.Com. LL.B., and BBA LL.B., under the Government Fee Reimbursement Scheme, and had successfully completed their respective courses in September 2025.After completion of their courses, the Petitioners approached Respondent No. 5–College during September–October 2025 seeking the release of their original academic certificates. However, the college management refused to hand over the certificates on the ground that the Government of Telangana had not released the pending fee reimbursement amounts.

It is further the case of the petitioners that in the meantime, the schedule for LL.M. Phase-II counselling was notified, with certificate verification fixed between 31.10.2025 and 07.11.2025, the last date being 07.11.2025. Due to the non- release of certificates, the Petitioners were prevented from participating in the counselling process, enrolling with the Bar Council of Telangana, pursuing higher studies, and seeking employment. Aggrieved by the continued illegal withholding of their original certificates, including SSC, Intermediate, Transfer Certificate, Bonafide, and Study Certificates, the Petitioners have 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 Go