HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.32426 OF 2025

ORDER:

Heard Sri M. Ajay Kumar, learned counsel appearing on behalf of the petitioner, 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 Writ of Mandamus, declaring the action of the respondents Nos.3 and 4 in not returning the original certificates to the petitioner vide Receipt of Certificates 2024-2025, Serial No.149, dated 14.08.2024, demanding to pay the entire fees of the academic year is highly illegal, arbitrary, against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents 3 and 4 to return the original educational certificates of the petitioner immediately in the interest of justice”.

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 secured good rank in TG EAPCET-2024 examination conducted by respondent No.2 and allotted to respondent No.4 College and the petitioner deposited petitioner’s original educational certificates. The petitioner has got seat in better college in the 3^rd phase of allotment of seats. When the petitioner approached the respondent No.4 college and requested to return his educational certificates and to return the fee paid by the petitioner, the respondent No.4 did not return the same and demanded to pay the entire 4 years fee to receive original educational certificates of the petitioner against the UGC guidelines. 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. Such colleges may be blacklisted and shall not be considered for free reimbursement, which will also affects affiliation of such colleges The Colleges shall be directed to follow the instructions of the Government scrupulously and failure in this regard will be viewed seriously and stringent action will be initiated against such colleges.”

(B) UGC guidelines, dated 23.04.2007, in particular, paragraph No.2 reads as under:

"2. The Commission is of the view that the Institutions