Colleges Cannot Withhold Original Documents of Students for Discontinuing Courses: Madras HC

The Madras High Court held that colleges cannot withhold original documents of students who wish to discontinue course. The Bench emphasized that administrative or jurisdictional technicalities cannot override the fundamental right of a student to reclaim their documents for future educational pursuits.
Justice L. Victoria Gowri, presiding over the Madurai Bench, heard the plea of a student who was forced to drop out of her B.Com course after one year due to severe financial constraints. The Bench rejected the respondent college's attempts to dismiss the petition on territorial grounds, prioritizing the student's need to access her original marksheets and certificates to enroll in more affordable programs.
Key Takeaways
Student Document Protection
Educational institutions are prohibited from holding student marksheets as ransom or lien when a student discontinues a course.
Cause of Action Clarified
Sending a legal representation from a specific district constitutes a part of the 'cause of action,' allowing students to approach the judicial bench nearest to their residence.
Socio-Economic Sensitivity
Courts will take a proactive stance in cases where poor economic backgrounds prevent students from continuing expensive private education.
Court Rejects Jurisdictional Technicalities
The respondent college argued that the writ petition should be dismissed because the institution is located in Perambalur, which typically falls under the jurisdiction of the Principal Bench of the Madras High Court. However, the petitioner relied on Ex.Rect (MP) A.Madurai Veeran v. Union of India to argue that since the demand for the return of documents was sent from Tiruchirappalli, the Madurai Bench possessed the necessary territorial jurisdiction.
The Madras High Court observed that the correspondence emanating from the petitioner's residence indicated that a part of the cause of action definitely arose within the territory of the Madurai Bench. Justice Gowri noted that the respondent, having received the representation, had failed to act upon it, thereby necessitating judicial intervention.
Observations on Student Welfare
The Madras High Court took a compassionate view of the petitioner's plight, noting that she was a student from a poor economic background who had secured a seat under the management quota but could not sustain the financial burden. The Court noted that “This is a case where a student with a poor economic background has joined the respondent College in a management seat, who was not able to pursue further education, due to financial constraints and she had discontinued the course halfway. Under such circumstances, her claim with the respondent College to return her certificates back so, she could pursue some other affordable course has been been left unattended by the respondent College.”
Ratio
A student's right to receive their original educational documents is not extinguished by their withdrawal from a course, and colleges cannot retain original documents of students. Furthermore, for the purpose of Article 226 of the Constitution of India, the territory from which a representation is sent by a petitioner constitutes a part of the cause of action, vesting jurisdiction in the High Court bench covering that territory.
Background
The petitioner, R. Pooja, had completed her schooling in Srirangam and joined a three-year B.Com degree at Dhanalakshmi Srinivasan College for Arts and Science for women for the academic year 2022-2023. At the time of admission, she submitted her original SSC marksheet, Higher Secondary marksheet, community certificate, and transfer certificate. Due to financial difficulties, she discontinued her studies after the first year.
Despite several requests and a formal representation dated 21.01.2026, the college refused to return the original documents. The student then filed a Writ of Mandamus under Article 226 of the Constitution of India. The Madras High Court disposed of the petition with a specific timeline for the college to return all original documents, ensuring the student could pursue her education elsewhere.
Case Details:
Case No.: WP(MD) NO. 22639 of 2026
Case Title: R.Pooja v. Dhanalakshmi Srinivasan College for Arts and Science for women (Autonomous)
Appearances:
For the Petitioner(s): Ms.N.Ratchaka
For the Respondent(s): Mr.J.K.Jayaselan
Source: 2026 CaseBase(MAD) 23698



