Educational institutions cannot withhold students' original certificates for financial dues, as it violates constitutional rights and is impermissible in law.

ORDER :

SUREPALLI NANDA, J.

Heard Sri Sankalp Pissay, learned counsel on record appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 to 3 and Sri M.Phanindra Bhargav, learned counsel appearing on behalf of the respondent Nos.4 & 5.

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

“…to issue a Writ, Order or direction in the nature of Writ of Mandamus, declaring that the action of Respondents more particularly of Respondents 1, 2 and 3 in not taking any action against Respondents 4 & 5 for highhandedly withholding the original certificates of Petitioners daughter by name Pargi Shriya Reddy as illegal and violative of my rights under Articles 14, 19, 21 and 21A of Constitution of India and consequently direct the Respondents 4 & 5 to issue immediately the original certificates of Petitioners daughter, by name Pargi Shriya Reddy with College Admission No. 3000, Student ID.No.12879 and Roll No. 2558274050 and pass....”.

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

The petitioner’s daughter, Pargi Shriya Reddy, studied at Alphores Girls Junior College, run by Respondents 4 and 5, during the academic years 2023–25, stayed in the college hostel, and completed her Intermediate education with 98% marks. The petitioner had paid all fees for both years, including tuition, books, dresses, and other charges, along with a refundable caution deposit. Despite full payment, Respondents 4 and 5 allegedly demanded an additional Rs.75,000 for issuing the Long Memo, Bonafide Certificate, and Transfer Certificate, and sent an undated, unsigned handwritten demand through registered post. As the petitioner’s daughter requires these documents to participate in ongoing counseling and admission processes for higher education, the petitioner informed the authorities that the demand was illegal and submitted a complaint to the Board of Intermediate and the Higher Education Department. The conduct of Respondents 4 and 5 in withholding the certificates despite full payment, and the inaction of Respondents 1, 2, and 3, violates the fundamental rights of the petitioner’s daughter under Articles 14, 19, 21, and 21-A of the Constitution of India, thereby risking the loss of an academic year. Aggrieved by these actions, the petitioner filed the present writ petition.

4. PERUSED THE RECORD

(A) This Court vide its order, dated 07.07.2025 passed in the present Writ Petition No.18393 of 2025, observed on the proceeding sheet as under:-

Sri Sankalp Pissay, learned counsel for the petitioner, on instructions, would submit that respondent Nos.4 & 5 have returned most of the certificates to the petitioner except one certificate. However, he seeks time to get specific instructions.

Registry is directed to print Sri M.Phanindra Bhargav, learned counsel for respondents Nos.4 & 5 and list on 10.07.2025.

5. A Division Bench of this Court vide its judgment, dated 24.01.2020 in W.P.No.21137 of 2019 dealing with withholding of original academic qualification certificates of the students observed at paragraph Nos. 29 and 30 as under:-

“29. We are not expressing any opinion on the right of the 3rd respondent-College to recover amounts towards the entire course fee or the bond amount of Rs.3 lakhs from the petitioner / her parent, but we hold that withholding her original academic qualification certificates, is impermissible in law.

30. Therefore, the Writ Petition is allowed; the act