HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON NO.33795 OF 2024

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 Mallikarjuna Sharma, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing on behalf of respondent No.2.

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 respondent No.3 in withholding the original certificates Tenth Class Marks Memo (S.S.C), Intermediate Marks Memo, Study certificate of Navodaya Degree College, Study certificate of Class VI to X, Study, Conduct certificate, Provisional certificate and Transfer certificate of the petitioner in their possession, which were handed over to them at the time of Admission as illegal, arbitrary and unconstitutional and subsequently direct the respondent Nxo.3 which is affiliated to respondent No.2 to release the original certificates Tenth Class Marks Memo (S.S.C), Intermediate Marks Memo, Study certificate of Navodaya Degree College, Study certificate of Class VI to X, Study, Conduct certificate, Provisional certificate and Transfer 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 joined in respondent No.3 college as student in MBA Department for the academic year 2024-2026 and submitted all the relevant original educational certificates. Later on, due to the death of sponsor of petitioner’s education, the petitioner discontinued his MBA course.

It is further the case of the petitioner that when the petitioner approached the Principal of the 3^rd respondent college to receive original educational certificates, the 3^rd respondent directed the petitioner to pay Rs.1,35,000/- towards college fee for two years. 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 brings on record Memo dated 26.12.2024 and contends that in compliance to the direction of this Court dated 02.12.2024, the learned counsel appearing on behalf of the petitioner had taken up personal notice to the respondent No.3 and filed proof of service of the said notice vide Memo dated 26.12.2024 duly enclosing the original postal acknowledgment card, postal receipt and the copy of the personal notice issued on behalf of the petitioner to the 3^rd respondent. However, when the matter is called today i.e., on 13.10.2025, there is no representation on behalf of the respondent No.3

5. Learned counsel appearing on behalf of the petitioner submits that the original certificates of the petitioner i.e., 10^th Class Marks Memo (SSC), Intermediate Marks Memo, Study certificate of Navodaya Degree College, Study Certificate of Class VI to X, Study Conduct certificate, Provisional Certificate and Transfer Certificate of the petitioner, submitted to the respondent No.3 at the time of petitioner’s admission are in the custody of Respondent No.3 and in spite of repeated requests on behalf of the petitioner addressed to the respondent No.3 herein, seeking release of the original certificates, which are in the custody of the respondent No.3 herein, the respondent No.3 is not releasing the same, and the said action of the 3^rd respondent is highly illegal and arbitrary.

6. PERUSED THE RECORD:-

(A) The Division Bench of this Court dealing with an identical issue in W.P.No.21137 of 2019 vide its order dated 24.01.2020 at paragraph No.29 observed as under:

“29. We are not expressing any opinion on the right of the 3^rd respondent-College to recover amounts towards the entire course fee or the bond amount of Rs.3 lakhs from the petitioner/ her parent, but w