Hyderabad: Holding that educational institutions cannot retain original certificates as security for recovery of alleged fee dues, Telangana high court has directed Malla Reddy Engineering College, Maisammaguda, to return all academic certificates of a B Tech graduate within a week.
The court observed that even if the institution had outstanding dues from the student, the proper course was to initiate legal proceedings for recovery. Retaining certificates to compel payment of alleged arrears is impermissible, the court said.
Justice Juvvadi Sridevi made the observations while allowing a writ petition filed by E Charan Teja, a computer science engineering (data science) graduate. According to the petitioner, he had submitted all original documents, including SSC certificates, bonafide certificates, diploma records, transfer certificates and other academic credentials, at the time of admission.
After completing the course, the college allegedly refused to return the documents, claiming that tuition fees for the second, third and fourth years remained unpaid as the govt had not released the fee reimbursement amount. The college also allegedly demanded ₹3 lakh before releasing the certificates. The petitioner contended that he required the documents for admission into an M Tech course and that withholding them was illegal, arbitrary and a violation of his fundamental rights.
Despite service of notices, the college management did not appear before the court. Counsel representing the govt and JNTU, however, participated in the proceedings.
After examining the record, the HC noted that it was undisputed that the petitioner had submitted the original certificates and that they continued to remain in the custody of the college even after completion of the course.
The judge held that the certificates are the exclusive property of the student. The judge directed the college to return all the petitioner’s original certificates in one week.
