Educational institutions cannot legally withhold original academic certificates of students to recover unpaid fees or pending government reimbursements, as these certificates are the personal property of the students and cannot be used as security for monetary claims.

: O R D E R :

This Writ Petition is filed seeking the following relief:

“to issue a Writ or Order/s more particular one in the nature of Writ Mandamus, declaring the inaction of the respondent Nos.4 and 5 in not considering the representations of the Petitioners and more particularly the direction mail under Public Grievance AICTE PGRC dated 5.5.2026 of Respondent No.2 and on other dates, as being illegal, arbitrary, violative of principles of natural justice and violative of Articles 19, 21 and 51A of the Constitution of India and consequently direct Respondent Nos.4 and 5 to Return the original educational certificates of the petitioners including Transfer Certificates and be pleased to pass…”

2. Heard Mr. Mohd Lateef Khan, learned counsel for the petitioners, Mr. M.Vamshi Kiran, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1, and Mr. Peri Prabhakar, learned Standing Counsel for Jawaharlal Nehru Technological University, appearing for respondent No.3. Inspite of service of notice, none entered appearance on behalf of respondent Nos.4 and 5. Perused the record.

3. Case of the petitioners is that, at the time of their admission into the B.Tech course in respondent Nos.4 and 5-College, they submitted all their original certificates, including the original Secondary School Certificate (SSC) Marks Memorandum, Diploma Marks Memo, Provisional Certificate, Consolidated Marks Memo, Caste Certificate and Transfer Certificate. Further case of the petitioners is that upon successful completion of the course, they requested respondent Nos.4 and 5 to return their original certificates for pursuing higher studies. However, despite such request, respondent Nos.4 and 5 failed to return the same and illegally withheld the original certificates on the ground that the tuition fee reimbursement amount was yet to be released by the Government and further demanded payment of Rs.70,000/-, as a condition for their release. Petitioner No.1 paid the said amount, but the original certificates were still not returned and only scanned copies were provided. Aggrieved by the conduct of the respondent Nos.4 and 5- college, Petitioner No.1 lodged a complaint before the State Human Rights Commission and addressed an e-mail to respondent No.2 on 04.05.2026. Respondent No.2 thereafter directed respondent Nos.4 and 5 to immediately return the petitioners' original certificates, referring to Clause 6.45 of the AICTE APH 2024–27 and the AICTE circular dated 18.07.2025, which prohibit institutions from withholding original certificates of students. Despite the said directions, the respondent Nos.4 and 5-college continued to insist upon payment of the fees as a condition for releasing the original certificates. Further case of the petitioners is that they have already lost one academic year, and admissions to Post-Graduation courses for the academic year 2026 are due to close within three days. Unless the original certificates are immediately returned, the petitioners will suffer further irreparable loss and may be deprived of the opportunity to pursue higher education. Hence, the present writ petition.

4. Learned counsel for the petitioners submits that the petitioners require their original certificates for higher studies. Though the petitioners have successfully completed their B.Tech course in the year 2025, respondent Nos. 4 and 5 have withheld the certificates on the ground that tuition fee reimbursement from the Government is pending. Such withholding is illegal, arbitrary, and unsustainable. Hence, he seeks a dir