Withholding of original educational certificates by institutions due to fee non-payment is unconstitutional; students' rights to their documents must be upheld, as per UGC guidelines.

ORDER :

1. Heard Sri Nimmalwar Praveen, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos. 1 to 4.

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

“…to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus:

(i) Declaring the inaction of respondent No.6 in not issuing all originals, SSC Long Memo, Intermediate Memo and Bonafide, Study certificate VI to X, Community, date of Birth Certificate, B.Tech Consolidate memo, Provisional Certificate and transfer certificate as being void arbitrary, illegal, without jurisdiction and without authority of law apart from being violative of Articles 14, 19 and 265 of the Constitution of India and to consequently direct the respondent to issue the transfer certificate any action taken pursuant thereto and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

(ii) and violative of articles 14, 19, 21 and 265 of the Constitution of India and/or 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 studied the course of ECE in the 6^th respondent college from the year 2020 to 2024 under fee reimbursement program and petitioner completed the said course in due time.

It is further the case of the petitioner that the petitioner secured LLB seat in 5^th respondent college and for joining in the said course, the 5^th respondent directed the petitioner to submit the requisite educational certificates of the petitioner within the prescribed time period. However, the 6^th respondent refused to handover the petitioner his original certificates on the ground of non-payment of fee reimbursement by the state government.

Aggrieved by the same, the petitioner approached the Court by filing 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 Government Withholding of original certificates will have significant implications for the students, especially when they need to present these documents to join for higher education, applying or joining for jobs and other purposes Further, in terms of UGC (Grievance Redressal of students) Regulations 2018, the colleges are barred from withholding or refusing to return any document in the form of certificates of degree, diploma or any other award or other document deposited with it by a students for the purposes of seeking admission in such institution Therefore, I am by direction request the Universities to address/ instruct to all affiliated Private Colleges under its jurisdiction not to insist payment of Tuition Fee from the students who are eligible for fee reimbursement and not to deny issuing original certificates on the pretext of not receiving fee reimbursement from the Government. It is not a healthy practice. S