The Telangana High Court has ruled that original academic certificates are the exclusive property of the student and cannot be retained by an educational institution as security for the recovery of unpaid tuition fees. A single bench of Justice Juvvadi Sridevi allowed a writ petition filed by a doctor graduate, directing the Malla Reddy Institute of Medical Sciences and Malla Reddy Vishwavidyapeeth to return all original certificates within one week.
What Is The Legal Position On Colleges Retaining Original Certificates For Fee Dues?
The Court held that original certificates are the exclusive property of the student. In the absence of any statutory or legal authority, an institution has no authority to retain them, and such retention is wholly unlawful and cannot be justified on the ground of outstanding liability.
The petitioner, a doctor who completed the MBBS course and a compulsory rotatory internship, had submitted all entrance and school certificates to the college at the time of admission. He paid Rs 47.5 lakhs towards tuition and allied fees for the first four years but was unable to pay the balance of Rs 11.75 lakhs for the final year due to financial constraints. The college subsequently withheld his original certificates, including marks sheets, degree certificate, and university approvals. The status of his original degree certificate was shown as 'Approval Pending at Principal'.
The petitioner contended that the college's arbitrary action brought his career to a standstill. Despite applying for NEET PG 2026, he was unable to attend the allotted college due to the lack of the original degree certificate required for verification. The Court noted there was no dispute that the petitioner had submitted his original certificates to the institute at the time of admission and that the documents remained in the institution's custody.
Justice Sridevi observed that even assuming the college has a monetary claim against the petitioner, the proper remedy is to pursue appropriate proceedings in accordance with law for recovery of dues. The Court categorically stated that the college cannot retain the petitioner's original certificates as security for the recovery of any amount claimed by it.
Aspect | Court's Finding |
|---|---|
Ownership of Certificates | Exclusive property of the student |
Institutional Authority to Retain | None, absent statutory authority |
Lawfulness of Retention for Fees | Wholly unlawful |
Remedy for College | Pursue legal proceedings for recovery of dues |
Relief Granted | Return of certificates within one week |
The bench allowed the writ petition and directed the respondents to return the petitioner's original academic certificates, marks sheets, degree certificate, and university approvals within one week. The judgment reinforces that educational institutions lack the power to enforce fee recovery by withholding academic credentials, affirming that such coercive measures violate the student's property rights over their own documents.