Medical Student's Original Certificates Are Exclusive Property, Retention By College Over Unpaid Fees Is Unlawful: Telangana High Court

The Telangana High Court has directed a private medical college to return the original academic certificates of a doctor graduate within one week, holding that the institution has no authority to retain them as security for the recovery of unpaid tuition fees from the final year.

The single bench of Justice Juvvadi Sridevi allowed the plea by the doctor, holding that original certificates are the exclusive property of the student. If an educational institution were to retain the certificates in the absence of any statutory authority, it is wholly unlawful, the court opined.

“…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…. Such retention is wholly unlawful and cannot be justified on the ground of any outstanding liability”, the court added.

The doctor -petitioner had approached the court seeking a direction to Malla Reddy Institute of Medical Sciences (R3) and Malla Reddy Vishwavidyapeeth (R4) for releasing his original academic certificates, marks sheets, degree certificates, and university approvals.

As per the petitioner's version, at the time of admission to the MBBS course, he had submitted all the entrance exam and school certificates to the college. After the course completion, he was given a provisional certificate, and he duly completed a 1-year compulsory rotatory internship afterwards. Pursuant to that, the petitioner doctor claimed that he obtained registration with the Telangana Medical Council.

According to the doctor, he paid Rs 47.5 lakhs towards tuition and allied fees for the first four years of the course. Due to financial constraints, he was unable to pay the balance tuition fee of Rs. 11.75 lakhs for the final year.

According to the plea, due to his inability to pay the fees for the last year, the college withheld his original certificates. Even though he also applied for the issuance of the original degree Certificate, its current status was being shown as 'Approval Pending at Principal', the petitioner submitted.

The doctor, before the High Court, contended that the alleged arbitrary action of the college had brought his career and livelihood to a standstill. Though he applied for NEET PG 2026, due to the lack of original degree certificate which should be produced for verification, he was unable to attend the allotted college.

The Court, after hearing the doctor, noted there was no dispute with respect to whether the petitioner doctor had submitted his original certificates to the Institute of Medical Sciences at the time of admission. Noting that the certificates were still in custody of the educational institution, the court noted as below:

“…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..”

Hence, the court allowed the writ petition, and directed the respondents to return the original certificates to the petitioner within one week.