HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.8126 OF 2025

ORDER:

Heard Sri Nageshwar Rao Pujari, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent No.1 and Sri Prabhakar Peri, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing on behalf of respondent No.3.

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

“…to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus questioning the action of the respondent No.3 in withholding the custody of the original Secondary School Certificate (SSC), Intermediate Transfer Certificate, Income Certificate and Caste Certificate of the petitioner as illegal, arbitrary and unconstitutional and subsequently direct the respondent no.3 college to release the original Secondary School Certificate (SSC), Intermediate Transfer Certificate, Income Certificate and Caste Certificate of the petitioner and pass...”

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 89227 rank in TGEAPCET-2024 examination conducted by respondent No.2 and allotted to respondent No.3 college and the petitioner deposited petitioner’s original Secondary School Certificate (SSC), Intermediate Transfer Certificate, Income Certificate and Caste Certificate. The petitioner was allotted a seat in CEC General Department of 3^rd respondent college. The Principal and management of 3^rd respondent college informed the petitioner to pay the entire four years fee to a tune of Rs.4,00,000/- (Rupees Four Lakhs only) 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. The learned counsel appearing on behalf of the petitioner submits that the subject issue in the present writ petition is squarely covered by the order of this Court dated 29.11.2024 passed in W.P. No.17493 of 2024 and the order dated

22.01.2025 passed in W.P. No.35290 of 2024.

5. The learned counsel appearing on behalf of the respondent Nos.1 and 2 does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioner.

6. In pursuance to the directions of this Court dated 18.03.2025, the learned counsel appearing on behalf of the petitioner has taken out personal notice to the respondent No.3 herein and filed proof of the said notice vide Memo dated 17.06.2025 duly enclosing the original postal acknowledgment card indicating proof of service of notice upon the respondent No.3 issued by the petitioner by registered post with acknowledgment due to the respondent No.3 in compliance to the direction of this Court dated 18.03.2025 passed in W.P.

No.8126 of 2025.

7. Though the matter is listed on 13.10.2025 and the Memo of Proof of service dated 17.06.2025 has been filed, yet there is no representation on behalf of the respondent No.3 when the case is called on 13.10.2025.

8. The Division Bench of this Court in its Judgment dated 24.01.2020 passed in W.P. No.21137 of 2019 in D.Vaishnavi vs. State of Telangana had struck down paragraph No.7 (iii) of G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates submitted by the petitioner/ candidate shall not to be returned to them, till they complete their course of study and appear for the University examination holding it as un-constitutional. A similar view was taken by this Court in Mahatma Gandhi Law College, NTR Nagar, Hyderabad v. State of Telangana vide Judgment dated 09.12.2022 passed in W.P.No.22417 of 2018. A Similar view was also taken vide Judgment of this Court dated 29.10.2024 passed in W.P.No.25559 of 2024 in Lakshmi Saranya v. The State of Telangana.

9. The relevant portion of the order of this Court dated 03.06.2024 passed in W.P. No.34185 of 2023 is e