Colleges Cannot Retain Original Certificates To Force Fee Dues Recovery: Telangana HC

In a stern rebuke to educational institutions withholding student credentials over unpaid dues, the High Court has ruled that original academic certificates are the personal property of students and cannot be held as security for monetary claims.

In a single-judge bench ruling, Justice Juvvadi Sridevi adjudicated a writ petition challenging the illegal retention of educational documents by private college authorities over pending tuition fee reimbursements from the government.

Court's Rationale on Document Retention

Addressing the practice of retaining student credentials, the High Court emphasized that personal and academic records cannot be converted into security for outstanding liabilities.

The Court, in its reasoning, observed: "The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioners. In such circumstances, respondent Nos.4 and 5 have no authority whatsoever to retain the said certificates and the retention of the petitioners original certificates is wholly unjustified and cannot be sustained. Even assuming that the college has any monetary claim against the petitioners, withholding the original certificates of the petitioners cannot be adopted as a mode of enforcing such claim. The proper remedy available to the college, if any, is to pursue appropriate proceedings in accordance with law for recovery of its dues. However, the college cannot retain the petitioners’ original certificates as security for the recovery of any amount claimed by it."

The Court has following directions:

"directing Respondent Nos.4 and 5 to forthwith return the original certificates referred to above, upon receipt of a copy of this order."

Background

The petitioners had completed their B.Tech course in 2025 and submitted their original educational certificates including Secondary School Certificate Marks Memorandum, Diploma Marks Memo, Provisional Certificate, Consolidated Marks Memo, Caste Certificate, and Transfer Certificate to the college management at the time of admission.

Upon completing the course, the petitioners requested the return of their original certificates to apply for post-graduation courses for the 2026 academic year. However, the college management withheld the documents, citing pending tuition fee reimbursement from the government and demanding an additional payment of Rs.70,000 as a condition for release. Despite complaints to regulatory authorities and directions issued by the AICTE referring to statutory prohibitions against withholding certificates, the college refused compliance, putting the students' academic prospects at risk.

Aggrieved by the inaction, the petitioners approached the High Court invoking remedies under Article 226 of the Constitution of India, asserting violations of Articles 19, 21, and 51A. Taking note of the upcoming deadline for post-graduation admissions, the High Court disposed of the writ petition with a mandatory direction to the college management to forthwith release all original certificates.

Case Details:
Case No.: WRIT PETITION No.27219 of 2026
Case Title: Mohammed Ayman Farooqui and two others v. State of Telangana and others
Appearances:
For the Petitioner(s): Mr. Mohd Lateef Khan, Counsel
For the Respondent(s): Mr. M. Vamshi Kiran, Assistant Government Pleader for Higher Education (R1); Mr. Peri Prabhakar, Standing Counsel for JNTU (R3)

Source: 2026 CaseBase(TEL) 16297