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CDJ 2026 TSHC 564 print Preview print Next print
Court : High Court for the State of Telangana
Case No : Writ Petition Nos. 19875 & 20437 of 2026
Judges: THE HONOURABLE MRS. JUSTICE JUVVADI SRIDEVI
Parties : Chakali Uday Kiran & Another Versus The State of Telangana, Rep. by the Principal Secretary, Higher Education Department, Hyderabad & Others
Appearing Advocates : For the Petitioners: Mohammad Fayaz, Advocate. For the Respondents: GP For Higher Education.
Date of Judgment : 07-07-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations / Sections Mentioned:
- Articles 14 and 21 of the Constitution of India

2. Catch Words:
- Writ of Mandamus
- Illegal withholding
- Academic certificates

3. Summary:
The petitioners filed writ petitions seeking a mandamus directing the college (Respondent Nos. 3 and 4) to return their original academic certificates, alleging violation of Articles 14 and 21. The college contended the petitioners approached the court directly without prior notice. The court observed that the certificates are the petitioners’ exclusive property and the college has no statutory authority to retain them, even if fees are pending. It held that any monetary claim must be pursued through appropriate legal proceedings, not by withholding certificates. Consequently, the court ordered the petitioners to make fresh representations to the college and directed the college to return the certificates within a week of receiving such representations. No costs were awarded.

4. Conclusion:
Petition Allowed
Judgment :-

Common Order:

1. These writ petitions are filed seeking the following relief:

               “to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.3 and 4 in withholding the Petitioner’s academic certificates, namely the Provisional Certificate, Consolidated Memo, Transfer Certificate and Bonafide Certificate, despite successful completion of the B.Tech course and repeated representations submitted by the Petitioner, as illegal, arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India, and consequently (a) direct Respondent Nos.3 and 4 to forthwith release and hand over all academic certificates and educational records pertaining to the Petitioner (b) direct Respondent No.2 to conduct an inquiry into the illegal withholding of the Petitioner’s certificates and initiate appropriate disciplinary and regulatory action against Respondent Nos.3 and 4 in accordance with law (c) direct Respondent No.1 to ensure implementation of the law governing release of educational certificates by affiliated colleges (d) award costs of the writ petition and pass…”

2. Since the issue involved in both the writ petitions is one and the same, they are heard together and disposed of by way of this common order.

3. Heard Mr. Mohammad Fayaz, learned counsel for the petitioners, learned Assistant Government Pleader for Higher Education, appearing for respondent No.1, Mr. Prabhakar Peri, learned Standing Counsel for JNTU, appearing for respondent No.2 and Ms. Shravya Reddy, learned counsel representing Mr.Tarun G.Reddy, learned counsel for respondent Nos.3 and 4. Perused the record.

4. Case of the petitioners is that, at the time of admission into the B.Tech. (Computer Science and Engineering) course in respondent Nos.3 and 4-college, they have submitted all their original certificates i.e., Provisional Certificate, Consolidated Memo, Transfer Certificate and Bonafide Certificates. After completion of their course, they have approached respondent Nos.3 and 4 several times and also submitted written representations, dated 11.06.2026 seeking return of their original certificates. Despite such request, respondent Nos.3 and 4 are illegally withholding the certificates on the ground that the fees reimbursement is pending from the Government. Hence, the present writ petitions.

5. Learned counsel for the petitioners submits that the petitioners require their original certificates for their higher education and for employment. He further submits that the action of respondent Nos.3 and 4 in withholding the original certificates submitted by the petitioners at the time of admission is illegal and arbitrary. Therefore, he seeks a direction to respondent Nos.3 and 4 to forthwith return the petitioners’ original certificates referred to above.

6. On the other hand, learned counsel for respondent Nos.3 and 4 submits that without approaching respondent Nos.3 and 4, the petitioners have directly approached this Court by filing the present writ petitions.

7. In reply, learned counsel for the petitioners submits that the petitioners have submitted representations, dated 11.06.2026 to respondent Nos.3 and 4.

8. It is not in dispute that the petitioners have submitted their original certificates referred to above to respondent Nos.3 and 4 at the time of admission into B.Tech. course and subsequently completed their course. It is also not in dispute that the original certificates referred to above were presently in the custody of respondent Nos.3 and 4. The said certificates, being personal and academic credentials, are undoubtedly the exclusive property of the petitioners. In the absence of any statutory or legal authority, respondent Nos.3 and 4 have no authority whatsoever to retain the petitioners’ original certificates. Even assuming that the college has any monetary claim against the petitioners, the proper remedy, if any, available is to pursue appropriate proceedings in accordance with law for recovery of its dues. However, the college cannot retain the petitioners’ original certificates as security for recovery of any amount claimed by it and such retention is wholly unlawful and cannot be justified on the ground of any outstanding liability. Therefore, this Court is of the considered opinion that the petitioners are entitled to the immediate return of their original certificates referred to above.

9. For the foregoing discussion, both the Writ Petitions are allowed, directing the petitioners to submit fresh representations before respondent Nos.3 and 4, seeking the return of their original certificates, i.e., the Provisional Certificate, Consolidated Memo, Transfer Certificate, and Bonafide Certificate, within a period of one (1) week from the date of receipt of a copy of this order. Upon receipt of such representations, respondent Nos.3 and 4 shall consider the same and return the original certificates referred to above to the petitioners within a period of one week thereafter. No costs.

Pending miscellaneous applications, if any, shall stand closed.

 
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