College Cannot Retain Students’ Original Certificates As Security For Unpaid Fees: Telangana High Court
The Court directed the medical college and the associated university to return the MBBS graduate’s original certificates within one week, while leaving any monetary claim to be pursued through lawful recovery proceedings.
The Telangana High Court has held that a college cannot retain a student’s original academic certificates as security for unpaid fees in the absence of statutory or legal authority.
The High Court directed the medical college and its associated university to return an MBBS graduate’s original certificates within one week of receiving the order.
The Court was hearing an Article 226 petition challenging the withholding of the graduate’s academic certificates and related university approvals as a fee-recovery measure that allegedly prevented him from participating in the NEET PG 2026 counselling process.
A Bench of Justice Juwadi Sridevi observed: “The said certificates, being personal and academic credentials, are undoubtedly the exclusive property of the petitioner. In the absence of any statutory or legal authority, respondent No.3 has no authority whatsoever to retain the petitioner’s original certificates. Even assuming that the college has any monetary claim against the petitioner, 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 petitioner’s 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.”
Advocate P. Bosu Babu appeared for the petitioner. Assistant Government Pleader Swapna Madhuri appeared for the State, while Standing Counsel T. Sharat appeared for the health sciences university.
Background
The petitioner had submitted his original academic records to the medical college when he joined its MBBS course. After completing the course, he received a provisional certificate and subsequently completed his compulsory rotatory internship.
According to the petitioner, he had paid ₹47.50 lakh towards tuition and allied fees for the first four years but could not pay the final-year balance of ₹11.75 lakh because of financial constraints. He alleged that the college consequently retained his original certificates. The status of his application for the original degree certificate was also shown as awaiting the principal’s approval.
The petitioner submitted that the withholding of his records had prevented him from completing the process for permanent registration with the Medical Council or securing employment. He had also applied for NEET PG 2026 and required his original documents for verification during counselling and for reporting to the allotted institution.
He therefore sought the immediate return of his original certificates and clearance of the pending university approvals. The health sciences university opposed the petition, while the medical college and the associated university remained unrepresented despite service of notice.
Court’s Observations
College’s Custody Of Original Records Was Undisputed
The Court recorded that the petitioner had submitted his original certificates when he joined the MBBS course and had since completed the course. Their continued custody with the medical college was not disputed.
It observed: “It is not in dispute that the petitioner had submitted his original certificates to respondent No.3 at the time of admission into MBBS course and subsequently completed his course. It is also not in dispute that the original certificates of the petitioner were presently in the custody of respondent No.3.”
The Court treated the records as the petitioner’s personal and academic credentials and, consequently, as his exclusive property. The college had disclosed no statutory or legal authority permitting their continued retention.
Outstanding Dues Did Not Authorise Retention
The Court did not adjudicate whether the amount claimed by the college was payable. It proceeded on the assumption that the college might have a monetary claim and held that such a claim had to be pursued through appropriate proceedings in accordance with law.
Having rejected the use of the certificates as security for the claimed amount, the Court concluded: “Therefore, this Court is of the considered opinion that the petitioner is entitled to the immediate return of his original certificates.”
The existence of an alleged outstanding liability could not justify retaining the student’s original records. The Court therefore separated the college’s right, if any, to recover its dues from the student’s right to obtain his personal academic documents.
Continued Retention Affected Counselling And Employment
The Court recorded the petitioner’s submission that the withheld certificates were required for professional registration, employment and postgraduate medical counselling.
His counsel submitted: “He further submits that the petitioner has applied for NEET PG 2026 and as per the online counselling schedule published by the Medical Counselling Committee (MCC), the petitioner is required to produce his original certificates for verification and report before the allotted college. He further submits that any further delay in release of the petitioner’s original certificates would irreparably prejudice his career, which cannot be compensated by any subsequent monetary relief.”
The petitioner’s need to produce the original documents provided the immediate context for seeking their return, although the Court’s holding rested on the absence of legal authority permitting the college to retain them.
Certificates Directed To Be Returned Within One Week
The Court allowed the writ petition and fixed a time limit for compliance.
It directed: “For the foregoing discussion, this Writ Petition is allowed, directing respondent Nos.3 and 4 to return the original certificates to the petitioner, within a period of one (1) week, from the date of receipt of a copy of this order. No costs.”
Conclusion
The Telangana High Court allowed the writ petition and directed the medical college and the associated university to return the petitioner’s original certificates within one week of receiving a copy of the order. It held that the certificates could not be retained as security for any alleged fee liability and that the proper remedy for recovering any dues was to institute appropriate proceedings in accordance with law.
The Court made no order as to costs. All pending miscellaneous applications were closed.
Cause Title: Kolakatla Shravan Kumar v. State of Telangana and Others
