Educational institutions cannot withhold original academic qualification certificates for unpaid fees, as such actions are impermissible under law.

ORDER:

Heard learned Counsel for the petitioner, learned Government Pleader for Medical, Health and Family Welfare Department appearing on behalf of respondent Nos.1 and 3 Sri A. Prabhakar Rao, learned Standing Counsel appearing for respondent No.2 and with the consent of parties, the Writ Petition is taken up for hearing and disposal at the stage of admission.

2. Shorn of unnecessary details, the case of the petitioner in brief, is that she had secured admission in M.D. in the Department of rd Forensic Medicine in the 3 respondent-college.

3. Petitioner further contends that at the time of admission into post-graduate course, she had submitted all her original educational certificates viz., Memorandum of Marks – X Class, Memorandum of Marks – XII Class, Memorandum of Marks – MBBS, Permanent MBBS Degree Certificate, MBBS Internship Certificate, Transfer Certificate, Migration Certificate, Permanent Medical Registration, Bonafide & Conduct Certificates from IV Class to MBBS, Social Status Certificate; that the petitioner has now discontinued pursuing post-graduation course; and that she is seeking return of the original certificates submitted by her at the time of joining into post-graduation course.

4. It is the further case of the petitioner that despite the petitioner nd rd approaching the 2 and 3 respondent-authorities, the original certificates are not being returned to her, which action it is contended as highly illegal and arbitrary.

5. In support of the aforesaid submission, the petitioner has placed reliance on the decisions of the Division Bench of this Court in the case

1 of Ms. Shanti Shriram v/s. The State of Telangana , 2 D. Vaishnavi v/s. The State of Telangana and a decision of the Coordinate Bench of this Court in Mohd. Abdul Mannan v/s. The

3 State of Telangana and also the decision of the High Court of Madras in S.Muthukamatchi v/s. The Director of Technical Education, Anna University, The Vice Chancellor, Anna University, The District Collector and The Prinicipal, Mount

4 Zion College of Engineering .

6. Per contra, learned Standing Counsel appearing on behalf of respondent No.2, while fairly stating that the issue is no longer res integra, would, however, submit that since, the petitioner had obtained admission into post-graduation course - MD Forensic Science and did not continue the said course any longer, she would be required to pay the prescribed amount, for which she had executed a bond and since, 1 Order in W.P. No.33810 of 2017 dated 12.12.2017 the amount under the said bond has not been paid, the authorities have withheld the certificates.

7. I have taken note of the respective contentions urged.

8. The Division Bench of this Court in Ms. Shanti Shriram (1 supra) considering a similar issue had held as under:

“In any case, if the petitioner leaves the course midstream, it may at the best for the University, be a case for invocation of the bond. The original certificates deposited by candidates with the College are not to be taken as pledging of the certificates either with the College or with the University. Therefore, the College itself is not today taking a very tough position as the University has taken.”

9. Another Division Bench of this Court in D. Vaishnavi (2 supra) while elaborating further not only held that para 7(iii) of G.O.Ms. No.114, Health, Medical and Family (C.1) Department dated 05.07.2017 as ultra vires the powers of the State Government under the Telangana Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 , had held that the authorities cannot give effect to para 7(iii) and the respondent College cannot be allowed to retain original academic qualification certificates of the petitioner and blackmail the petitioner saying unless the petitioner coughs up the entire course fee and bond amount claimed by the respondent College, it would not return certificates and held that withholding the original academic qualification certificates is impermi