HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.32404 OF 2025

ORDER:

Heard Sri Gudusheela Sai Krishna, learned counsel representing Sri Duddu Nava Kiran, learned counsel on record appearing on behalf of the petitioners, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 to 3 and Sri Malipeddi Srinivas Reddy, learned Standing Counsel for Osmania University appearing on behalf of respondent No.4.

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

“…to issue an appropriate writ, order or direction, more particularly a Writ of Mandamus, declaring the action of Respondent No.5 in withholding the petitioners’ original certificates as illegal, arbitrary and unconstitutional and violation of the principles of natural justice, and regulations mentioned under Rule 2(F)(6) and Rule 4(C) issued by the U.G.C. notification vide file No.14-4/2012(CPP-1) in October 2018 and violations issued by Respondent No.4 vide letter dated 05-08-2024 and violation of Article 14, Article 19 and Article 21 of constitution of India consequently direct Respondents to issue all the original certificates and documents (SSC, Intermediate and LLB) which are holding with Respondent No.6....”.

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

i) The Petitioners had studied in Respondent No. 5 College- i.e., Mahatma Gandhi Law College, NTR Nagar, L.B. Nagar, Hyderabad pursuing different five-year Integrated Law Courses (BBA LLB, B.Com LLB, and B.A LLB) under the Government Fee Reimbursement Scheme.

ii) Upon completion of courses, the petitioners approached the college on 06.10.2025 for collection of original certificates including SSC, Intermediate, and LLB marks memos, Transfer Certificate, and Bonafide Certificate. However, the authorities of Respondent No. 5 college refused to release the certificates on the ground that the Government of Telangana had not yet released the pending fee reimbursement amounts.

iii) The Petitioners submitted written representations on 06.10.2025 to the Principal and Chairman of the College requesting release of their certificates, but the management demanded payment of Rs. 40,000/- to Rs. 50,000/- from each of the petitioners herein as a condition for returning petitioners’ original documents. Despite repeated visits and requests, the college management failed to release the certificates and stated that unless the Petitioners paid the said amount, their documents would not be issued. Aggrieved by the action of the respondents, the petitioners 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