Educational certificates cannot be withheld as lien for alleged dues and must be returned to enable further education.

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sathya ... Petitioner -vs-

1.The Commissioner, Directorate of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.

2.The Director, International Institute of Yoga and Naturopathy Medical Sciences, 184/4, Kamarajar Nagar, Chengalpattu-603 001.

3.The Secretary, Selection Committee, Directorate of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to comply with the Award dated 20.01.2026 passed in PLA No.102 of 2025 on the file of the Permanent Lok Adalat, Tirunelveli forthwith and consequently direct the respondents to return all the original educational certificates of the petitioner forthwith.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The writ petition is filed for issuance of a Writ of Mandamus directing the respondents to comply with the Award dated 20.01.2026 passed by the Permanent Lok Adalat, Tirunelveli in PLA No.102 of 2025.

2. Upon hearing the learned counsel for the petitioner and perusing the material records, the case of the petitioner is that she joined the B.N.Y.S. (Bachelor of Naturopathy and Yogic Sciences) degree course in the second respondent institution for the academic year 2024–2025. At the time of admission, she deposited all her original educational certificates, namely, the 10^th

11^th, and 12^th standard mark sheets, transfer certificate, and other records.

3. After admission, unfortunately, she fell ill and was unable to continue her studies. When she approached the respondents for return of her certificates after deciding to discontinue the course, the respondents demanded a sum of Rs.1,00,000/- and withheld the certificates. Under these circumstances, she approached the Permanent Lok Adalat, Tirunelveli.

4. After enquiry, the Lok Adalat passed an award directing the respondents to return the original certificates within a period of 15 days, while granting them liberty to initiate proceedings in accordance with law for recovery of the alleged discontinuation charges.

5. The learned counsel for the petitioner submits that the petitioner belongs to a poor section of society and is not in a position to immediately pay the sum of Rs.1,00,000/-. However, she intends to join another institution and therefore, seeks return of her original documents as per the Lok Adalat Award.

6. When the matter came up for hearing earlier, this Court ordered notice to the respondents to enable them to file a counter affidavit, if any.

7. Today, the learned Special Government Pleader placed on record a position note stating that the respondents are in the process of complying with the Lok Adalat Award. They are seeking permission from the Directorate to hand over the certificates and to initiate steps for recovery of the said sum of Rs.1,00,000/-.

8. Thus, it is evident that while the respondents are at liberty to take steps to recover the amount, they cannot withhold the certificates as a lien for non- payment of the said sum. This Court has repeatedly held that such certificates are neither movable nor immovable property, but merely enabling documents for the petitioner to utilize her education. No person, even if at fault, can be prevented from using their educational qualifications.

9. The petitioner, having completed her 10^th, 11^th, and 12^th standards, must be in a position to pursue further studies. Therefore, while granting liberty to the second respondent to initiate appropriate recovery proceedings, the respondents are directed to hand over the original certificates to the petitioner within two weeks from the date of receipt of a web copy of this