Withholding original educational certificates by institutions to enforce fee payment is illegal and violates students' constitutional rights.

ORDER :

SUREPALLI NANDA, J.

Heard M/s Vladimeer Khatoon, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 and 2, and Sri Peri Prabhakar, learned Standing Counsel appearing on behalf of respondent Nos.3 and 4.

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

“…to issue a Writ of Mandamus or any appropriate writ declaring the action of Respondent No.4 in withholding the Petitioner’s original certificate and demanding 4 years tuition fees as illegal, arbitrary, and violative of Articles 14, 21 and 300-A, and contrary to UGC/AICTE/TSCHE norms and to pass such other order...”

3. The case of the petitioner, in brief, is that the petitioner was allotted a seat in Global College of Pharmacy (Affiliated to JNTUH), Chilkoor, Ranga Reddy District under ST reservation quota and petitioner paid only the admission fee on 22.10.2025 and obtained Admission No.13129 by depositing original educational certificates. As per the Government Policy, the petitioner was eligible for tuition fee Reimbursement/Scholarship. The petitioner further submits that due to serious health issues, the petitioner is unable to continue further studies at Global College of Pharmacy.

It is further the case of the petitioner that when the petitioner requested to return the original educational certificates i.e., SSC Certificate, Marks Memo, Transfer Certificate and Bonafide Certificate, Upper Primary/High School Bonafide and Conduct Certificate, Intermediate Marks Memo etc., the respondent authorities refused to release the original certificates and further demanded to pay the entire four years tuition fee. The petitioner made a representation through Email dated 11.11.2025 and also through a written representation, but the same were not received and the respondents even refused to acknowledge the same. 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 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. Such colleges may