Educational Institution Can't Withhold Student's Original Certificates For Non-Payment Of Fees, No Lien On Documents: Telangana High Court

The Telangana High Court has held that educational institutions cannot withhold original academic certificates of students on the ground of non-payment of fees, observing that such certificates are the property of the student and cannot be retained as leverage to recover dues.A Single Judge Bench of Justice Surepalli Nanda observed:“The respondent no. 4 [university] cannot withhold the petitioner's original educational certificates (documents including the Marks Sheet and Degree Certificate) under any pretext. There is no lien on the certificate of the students since the certificate of the student is his/her property. This Court opines that the right of students to obtain their Certificates from one institution to join another institution cannot be denied by the concerned authorities merely because the tuition fee is due and if any amount is due from the petitioner towards such fees, the proper course available to the respondents is to initiate appropriate proceedings for recovery before the competent Court and coercive tactics cannot be adopted by the respondents to make the petitioner pay the tuition fee.”The Court therefore directed the university to return all original certificates of the petitioner forthwith.The petitioner, Bhashapaka Pragna Vardhini, had completed her B.Tech in Computer Science and Engineering from Mahindra University in 2024. At the convocation held on 02.08.2024, she was issued only a provisional certificate, while her original marks sheet and degree certificate were withheld by the university on the ground of alleged pending fee dues.The petitioner contended that she belonged to a Scheduled Caste community and, due to severe financial constraints, was unable to immediately pay the alleged dues. She argued that the withholding of her original certificates had adversely affected her ability to pursue higher education and employment opportunities both in India and abroad.Aggrieved by the action of the university, she approached the Telangana State Human Rights Commission, which by proceedings dated 03.11.2025 recommended that the university return the original certificates and issue the Transfer Certificate, Study Certificate and Conduct Certificate within three days. However, the university challenged the Commission's proceedings before the High Court and obtained a stay, following which the certificates continued to be withheld. The petitioner thereafter approached the High Court seeking a writ of mandamus declaring the withholding of her certificates as illegal and violative of Articles 14 and 21 of the Constitution.The Court examined the instructions issued by the Telangana Council of Higher Education and the UGC guidelines governing the retention of student certificates. A communication issued by the Telangana Council of Higher Education dated 05.08.2024 specifically directed universities and affiliated colleges not to withhold original certificates of students on the pretext of non-receipt of fee reimbursement from the government.The Court also referred to the UGC (Grievance Redressal of Students) Regulations, 2018 and earlier UGC guidelines dated 23.04.2007, which prohibit universities and institutions from retaining original certificates deposited by students at the time of admission. In addition, the Court relied on several judicial precedents holding that educational institutions cannot retain academic certificates as a means of enforcing financial claims. Referring to earlier decisions of the Telangana High Court and other High Courts, the Court reiterated that “withholding of all certificates of the students [is] in violation of the UGC Guidelines.”The Court noted that if any fee dues exist, the institution may recover the same through appropriate legal proceedings. However, retaining a student's original documents is not a legally permissible method of recovery. The Court further observed that the right of students to obtain their certificates and pursue opportunities elsewhere cannot be denied merely due to pending tuition fee dues.Accordingly, the university was directed to supply all relevant documents to the petitioner.Case Title: Bhashapaka Pragna Vardhini v. State of Telangana & Ors.Case No.: W.P. No. 40238 of 2025Appearance: Ms. T. Tejaswini Rathod, representing Sri P. Sri Harsha Reddy, for the Petitioner; Government Pleader for Higher Education for Respondent Nos.1 to 3; None appeared for Respondent No.4.Click Here To Read/Download Order

Educational Institution Can't Withhold Student's Original Certificates For Non-Payment Of Fees, No Lien On Documents: Telangana High Court

Ananya Tangri

Tags