Educational institutions cannot withhold students' original certificates due to unpaid fees, affirming students' rights under constitutional articles.

ORDER :

Heard Sri M. Ajay Kumar, learned counsel appearing on behalf of the petitioner and Sri P. Venkat Reddy, learned Standing Counsel appearing on behalf of the respondents.

2. The petitioner approached this Court seeking the prayer as under:

“…to issue an Order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not issuing the degree certificate of petitioner in respect of B.Sc (year wise scheme) completed on 20.09.1985 with Roll No.4713/22718A84 without considering the E-receipt and payment of the petitioner on dated 18.10.2025 not furnishing the original degree and memorandum of marks of the petitioner is highly illegal, arbitrary and against the principles of natural justice and also opposed to Articles 14, 19, 21 and 300A of Constitution of India and consequently to direct the respondents to issue/furnish the degree certificate of the petitioner in respect of B.Sc (year wise scheme) completed on 20.09.1985 with Roll No.4713/22718A84 by considering the E-receipt and payment of the petitioner on dated 18.10.2025 in the interest of justice and to pass such other order...”

3. The case of the petitioner in brief is that the petitioner was a student of B.Sc., from CKM College, Warangal and appeared for the B.Sc., examination under the year-wise scheme held in supplementary 1984. The petitioner had obtained the year wise marks sheets from the University vide Hall Ticket No.22718 and submitted the same to the University on 25.09.1992 for issuance of a consolidated memo and accordingly, the University issued a consolidated Memo on 25.09.1992. Thereafter, the petitioner applied for provisional certificates and the same were issued on 20.09.1995.

It is further the case of the petitioner that the petitioner had applied for Convocation Degree Certificate, but the same was not obtained by the petitioner due to the petitioner’s personal inconvenience and employment. After completion of petitioner’s Degree Course, the petitioner joined B.Ed. course and completed the B.Ed course and thereafter, the petitioner joined service as a Teacher and retired from service in the year 2018. The petitioner further completed LLB Course from Ambedkar Law College, Hyderabad. After completion of petitioner’s Law Degree, the petitioner submitted his application before the Bar Council of State of Telangana and the petitioner was enrolled as an Advocate on 29.11.2025 for a period of six months with an endorsement directing the petitioner to submit his original degree and memorandum of marks to the Bar Council of the State of Telangana. Thereafter, the petitioner approached the university and paid requisite amounts for issuance of the degree certificate and also for the memorandum of marks. But the respondent university gave an evasive reply that the record is not available with them. Aggrieved by the same, the petitioner 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