High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd and 3'd respondents in not returning the original academic qualification certificates of the petitioner who has discontinued study of Bachelor of Dental Sciences (BDS) Course in the 1'r year in the 3'd respondent Dental College as illegal arbitrary and violative of Article '14 and 3004 of the Constitution of lndia and consequently direct the 2nd and 3'd respondents to return the petitioners original certificates viz '1 . Secondary School Statement of Marks, 2. Secondary School Pass Certificate, 3. lntermediate Marks Certificate, 4. School and lntermediate study Certificates-2 and 5. lntermediate Transfer Certificate, to the petitioner. ,7 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd and 3rd Respondents to return back the petitioners original certificates viz 'l . Secondary School Statement of Marks, 2. Secondary School Pass Certificate, 3. lntermediate Certificate, 4. School and lntermediate study Ce(ificates-2 and 5. lntermediate Transfer Certificate, to the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: SRI L. RAM SINGH Counsel forthe Respondent No.1: GP FOR MEDICAL HEALTH & FW Counsel forthe Respondent No.2: SMT. SHARADA, SC Counsel for the Respondent No.3: SRI SRINIVAS RAO PACHWA The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITIO N No.1089 OF 2025 ORDER: Heard Sri L.Ram Singh, learned counsel for the petitioner, leamed Govt.Pleader for Medical, Health and Family Welfare Department appearing for l" respondent, Smt. Sharada, learned Standing Counsel appearing for 2nd respondent and Sri Srinivas Rao Pachwa, leamed counsel appearing for 3'd respondent.

2. The petitioner herein joined in 3'd respondent College in Bachelor of Dental Sciences and submitted the following original certificates with 3'd respondent:- 1) Secondary School statement of marks, 2) Secondary School Pass Certificate, 3) Intermediate Certifi cate, 4) School & lntermediate Study ce(ificates-2, 5) Intermediate Transfer Certi fi cate On receipt of the said certificates, 3'd respondent also gave acknowledgment to the petitioner herein.

3. It is further contended by the petitioner that she joined 3'd respondent college on 13.10.2023 and after taking admission, she fell sick and got health issues. Due to health issues, she was unable to continte.'in Bachelor of Dental Sciences Course at Nalgonda. She I I '). approached 3'd respondent College on 3O '12 '2024 requested to retum the aforesaid original certificates. 3'd respondent refused to retum certificates on the ground that the petitioner has to pay balance fee of entire BDS course and also Rs.20,00,000/- towards penalty for discontinuation of the course- Aggrieved by the said action of the 3'd respondent, the petitioner hled the present writ petition'

4. Whereas, leamed Standing Counsel appearing for 2nd respondent, on instructions, would submit that writ petitioner cannot discontinue the course just like that without paying remaining fee for three years with penalty to the University/2nd respondent'

5. Sri Srinivas Rao Pachwa, learned counsel appearing for 3'd respondent on instructions would submit that the petitioner cannot leave the course just like that and she has executed a bond on Rs'20/- non- judicial stamp paper stating that she will pay the balance fee of the entire course, then only she is entitled for certificates'

6. Leamed counsel appearing for 3'd respondent placed reliance on Telangana Allied Health sciences courses Admissions Rules 2002 issued by govelnment vide G-O.Ms.No'173 HM&FW (Cl) Department' dated 31.12.2022. Rule ll deals with the Admission Rules which is as follows:- ,--7 3 The dates of admission of selected candidates will be the dates as communicated to them in the letter of selcction. All the candidates joining the Allied Health Sciences course should execute the bond on a Non-iudicial stamp paper of Rs'201 value as prescribed signed by candidate and parents to ensure completion of the prescribed period of training or in default or any other reason has to pay Rs.50,000-00 (Rupees Fifty Thousand only) or such amount as specified by the KNR University of health Sciences to the KNR University of Health Sciences. The original certificate submitted by the candidates shall not be retumed to the candidates till they complete their courses of study and appear for the [Jniversity examination' ll. lll. Therefore, the petitioner is not entitled for certificates unless and until she pays the entire course fee with penalty' He has also placed reliance on the notification dated 26.10.2023 issued by 2nd respondent stating that the candidates are not permitted to withdraw from the said course by/before 4.00 P.M. of 22.12-2023 without any penalty' Candidates are informed that if they discontinue the course at a later date' penalty clausewillbeapplicablewithpaymentoftuitionfeefortheentire course and Rs.50,000/- towards release of bond in terms of G.O.Ms.No. 173, dated 3l-12.2022.

7. In the light of the same, it is relevant to refer vires of clause No.7 (iii) of G.O.Ms.No.l14, Health, Medical and Family Welfare Cl Department dated 05.07.2017, fell for consideration before the Division I I 4 Bench of this Court. The aforesaid clause No.7 (iii) of the said G.O. is relevant and extracted below:- 7(iii). The original certificate submitted by the candidates shall not be retumed to the candidates til[ they complete their course of study and appear for the University examination.

8. On consideration of the said clause and also principle laid down by the Apex Court, Division Bench declared the said clause as ultra vires. This Court in Mahatma Gandhi Law College vs. State of Telanganat categorically held that Universities and Colleges have no lien over the certificates of students. Therefore, on the ground of discontinuation of the said course by the petitioner, respondent Nos.2 and 3 cannot withheld the certificates of the petitioners. They do not have any lien over the certificates of the petitioner. If the petitioner violated undertaking, rule, instructions etc. The respondent Nos.2 and 3 have liberty to take steps in accordance with law including filing of suit for recovery ofthe said amount. but they cannot withhold the certificates of the petitioner.

9. In the light of the said discussion, this writ petition is disposed of directing the 3'd respondent to return the certificates viz: Secondary School statemenr of marks, Secondary School pass Certificate, 1 (2022) SCC Online TS 3 I 73 (Order dt. 09.12.2022 in W.p.No.l24 t 7 OF 20 t8) 7 f Intermediate Certificate, School & Intermediate Study certificates-2 and Inrcrmediate Transfer Certificate, to the petitioner within one week from the date of receipt of a copy of this order' failing which' the matter will be viewed seriously. Liberty is granted to respondent Nos'2 and 3 to initiate proceedings for recovery of amount' ifany' due by the petitioner' Consequently, miscellaneous petitions' if any' pending in this writ petition, shall stand closed' //TRUE COPY// SD/. P. PADMANABHA REODY GISTRAR ASSISTANT S N OFFICER To, 2 3 Telanoana-508 254. l.ThePrincipal,KamineniInstituteofDentalsciences,Narketpally,Nalgonda, . One iC to Sri L. Ram Singh, Advocate IOPUC] . i,i*i" CC='io Cifoin1"OicSr Health Family Welf-are, High Court for the State of Telanqana,'6t HYderabad [OUT] . One CC"to Smt. Shhrada' SCIOPUCI . on; aa io Sti Stiniva. Rao P-achwa,'AdvocatelOPUCl . Two CD CoPies I 4 5 6 TJ GJP -l HIGH COURT DATED:2310112025 ORDER WP.No.1089 of 2025 IAsHE1 U 0 { FIB 2025 a t DISPOSING OF THE WRIT PETITION WITHOUT COSTS c W