Educational Institutions Can't Claim Lien Over Student's Certificate, Withhold It On Account Of Pending Dues: Madras High Court

The Madras High Court recently reiterated that educational institutions cannot withhold the educational certificates of students with respect to pending dues. The court underlined that educational institutions cannot claim lien over the student's certificates. “However, the settled position of law in this regard is that certificates of a student cannot be withheld for arrears of fees as the educational institution can claim no lien over the same,” the court observed. Justice Anita Sumanth directed the Principal of Cheran College of Pharmacy to return the original Transfer Certificate, mark sheet of X and XII to a former student. The court also gave liberty to the college to take appropriate measures to recover the monetary outstanding in the manner known to law. The court was hearing a plea filed by one M Kesavan, a former student of Cheran College seeking directions to the college to return his original transfer certificate and mark sheets of X and XII standards to enable him to secure admission to the School of Agriculture and Animal Science. Cheran College informed the court that Kesavan had pending dues that were to be paid to the college. During the hearing, the School of Agriculture informed the court that Kesavan's admission itself had been cancelled as he had failed to produce the requisite certificates and did not have requisite attendance during the period in which he was allowed to attend the classes temporarily. The court, noting that the college did not have a lien over the documents, allowed Kesavan's plea and directed the college to return his original documents as and when he appeared before the college. Counsel for the Petitioner: Mr.T.S.Mohamed Mohdeen Counsel for the Respondents: Mr.Srinath Sridevan, Senior Advocate for Mr.S.Rajmakesh for R1 Mr. A.Mohamed Gouse for R2 Mr.K.Tippu Sultan Government Advocate for R4, R5 Mr.Ma.P.Thangavel, for R6 Citation: 2024 LiveLaw (Mad) 129 Case Title: M Kesavan v The Principal and Others Case No: W.P.No.34541 of 2023Click here to read/download the judgment

Educational Institutions Can't Claim Lien Over Student's Certificate, Withhold It On Account Of Pending Dues: Madras High Court

Upasana Sajeev

Tags