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2026 Supreme(Online)(Tel) 15328
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, B.R. Madhusudhan Rao, JJ
Dr. Goteti Ravindranath – Appellant
Versus
Union of India – Respondent
WRIT APPEAL No.1422 of 2025
Important Points
Subject
Civil - Education Law
Headnote
(B) Recovery of Dues - Breach of Undertaking - In the event of a violation of a financial undertaking, the appropriate legal remedy is to file a civil suit for recovery of money rather than withholding academic certificates. (Para 7)
Issues: Whether an educational institution can legally withhold the original certificates of a student who failed to fulfill a service undertaking.
For the Appellants/Petitioners: Sreenivasa Rao Velivela
For the Respondents: K. Shanthan Rao, T. Sharath
| Table of Content |
|---|
| 1. facts regarding the withholding of original certificates due to a breach of a service undertaking. (Para 1 , 2 , 3) |
| 2. precedents establish that withholding original certificates is unconstitutional and impermissible. (Para 4 , 5 , 6) |
| 3. institutions have no lien over certificates; financial breaches must be resolved via recovery suits. (Para 7 , 8 , 9 , 10) |
| 4. direction to return original certificates to the student immediately. (Para 11) |
JUDGMENT
(Per Hon’ble Sri Justice K.Lakshman)
Heard Mr.Sreenivasa Rao Velivela, learned counsel for the appellant, Mr.K.Shanthan Rao, learned Assistant Government Pleader for Higher Education appearing for respondent Nos.2, 5, 8 and 9 and Mr.T.Sharath, learned Standing Counsel for Kaloji Narayana Rao University of Health Sciences i.e., respondent No.7.
2. Feeling aggrieved and dissatisfied with the order dated 30.07.2025 passed by the learned Single Judge in W.P.No.15250 of 2025, unsuccessful writ petitioner preferred the present intra - court appeal under clause 15 of the Letters Patent.
3. Appellant joined in respondent No.8 – College in DM/MCh (Doctorate of Medicine, Master of Chirurgiae). At the time of joining, respondent No.8 - College has obtained an undertaking to serve the Government of Telangana by working in Government Hospitals for a period of two (2) years after successful completion of Super Specialty Course (if required). In case, if he fails to join as Senior Resident or in case of not completing two years of service within maximum period of 36 months, he undertook to pay a sum of Rs.50,00,000/- (Rupees fifty lakhs only) to Government. While joining the said course, he has submitted the originals of the following certificates to respondent No.8 – College:
i) Permanent Medical Registration Certificate (MBBS & PG);
ii) Permanent MBBS Degree Certificate;
iii) Provisional PG Degree Certificate;
iv) Internship Completion Certificate;
v) Bonafide Certificate (MBBS & PG);
vi) Conduct Certificate (MBBS & PG);
vii) SSC/CBSE (10th) Marks Memo;
viii) 12th Marks Memo;
ix) MBBS Marks Memo/Consolidated Memo;
x) PG Marks Memo/Consolidated Memo;
xi) Transfer Certificate; and
xii) Migration Certificate.
He has successfully completed the said course during the academic year 2024-2025. Even then, respondent No.8 – College has not returned the aforesaid original certificates on the ground that appellant failed to work in Government Hospitals for a period of two years in terms of the undertaking dated 11.04.2022 given by the appellant.4. It is the specific contention of the appellant herein in the said writ petition that respondent No.8 – College has no power or authority to withhold the original certificates. In case of violation of the aforesaid undertaking given by the appellant, at the most, respondent No.8 – College can file a suit seeking recovery of money, but it can’t withhold the certificates.
5. Learned counsel for the appellant has also placed reliance on the principle laid down by this Court in Malraju Suhitha v. The State of Telangana, Rep. by its Principal Secretary, Higher Education Department , W.P.No.27361 of 2025, decided on 12.09.2025 and Ms.Bhashapaka Pragna Vardhini v. The State of Telangana, Rep. by its Principal Secretary, Higher Education Department , W.P.No.40238 of 2025, decided on 09.01.2026
6. Vide the order dated 24.01.2020 in W.P.No.21137 of 2019, the Division Bench of this Court struck down paragraph No.7 (iii) of G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates submitted by the candidates shall not 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 also taken by this Court in Mahatma Gandhi Law College, NTR Nagar, Hyderabad v. State of Telangana , W.P.No.22417 of 2018, decided on 09.12.2022. and in Sai Lakshmi Saranya v. The State of Telangana , W.P.No.25359 of 2014, decided on 29.10
