Beereddy Mahishma Reddy v. The State of Telangana

#2. Sri. Kaloji Naray"na Rao University Health sciences, warangal, warangal district, Represented bY its Registrar.

#3. Sri Venkata sai trleoicat college, Mahabubnagar, Mahabubnagar District. ...RESPONDENTS Petition under Article 226 of the 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, particularly one in the nature of writ of Mandamus, declaring the action of the respondents Nos. 2 and 3 in not retuming the certificates such as MBBS Original Marks Memorandums, Graduation certificates, Provisional certificate, study certificate, lntermediate certificates such as memorandum of marks, class certificates, such as provisional certificates, Transfer certificates, 10th Memorandum of Marks, Bonafied Certificates, etc provisional Medical registration certificate vide TSMC/PMW241}1,The Telangana State Medical Council, Sultan Bazar' Hyderabad issued Medical Registration certificate vide No.TSMC/FMFy36367 and also . to declare the direction issued by the 2nd respondent, to the 3rd respondent Vide Lr No. 4520/KNRUHS / Academic I AD t2O26, dated 20.04.2026 whereby directing the 3rd respondent to collect an amount of Rs. 5O,0O,OO0/- in the form of demand draft drawn in favour of the registrar KNR UHS by way of penalty and fonruard to the university and not to handover original certificates submitted by the petitioner to the 3rd respondent as illegal, arbitrary, and consequently direct the respondents Nos. 2 and 3 to return the aforesaid certificates in favour of the petitioner forthwith. l.A. NO: 1 OF 2026 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 respondents Nos. 2 and 3 to retum the certificates such as MBBS Original Marks Memorandums, Graduation Certificates, Provisional Certificate, Study Certificate, lntermediate Certificates such as memorandum of marks, provisional certificates, Transfer Certificates, 1OTH Class Certificates, such as Memorandum of Marks, Bonafied Certificates, etc., provisional Medical registration certificate pending disposal of the above writ petition. Counsel for the Petitioner: SRI A.PRABHAKAR RAO Counsel for the Respondent No.1: AGP FOR MEDICAL HEALTH & FW Counsel for the Respondent No.2: SRI T.SHARAT, SC FOR KNRUHS Counsel for the Respondent No.3: - The Court made the following: ORDER i, I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WRIT PETITION No.13798 of 2026 05 MAY. 2026 Between: Beereddy Mahishma Reddy AND The State of Telangana, Represented by its Principal Secretary, Medical & Health Department, Secretariat Buildings, Hyderabad and two others Petitioner ... Respondents :ORDER: Thls Writ Petition is filed seeking the following relief: "to rssue a writ, order or direction, pafticqlarly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.2 and 3 in not returning the ceftificates such as MBBS Original Marks Memorandums, Graduation Certificates, Provisional Ce rtificate, Study Certificate, I ntermed i ate Cedificates such as memorandum of marks, provisional certificates, Transfer Ceftificates, 1dh C/ass Certificates, sttch as iVlemorandum of Marks, Bonafide Certificates, etc., provisional Medical registration ceftificate vide TSMC/PMR/24891, The Telangana Sfate Medical Council, Sultan Bazar, Hyderabad, issued Medical Registration Certificate vide No.TSMC/FMR/36367 and also to declare the direction issued by the ld respondent, to the * respondent v ide Lr. No. 452O/KN RU H S/Acade m ic/AD/ 2026, dated 20.04.2026 whereby directing the * respondent to collect an amount of Rs-50,00,0O0/- in the form of demand draft drawn in favour of the Registrar KNRUHS by way of perralty and forward to the university and not to handover original ceftificates submitted by the petitioner to the td respondent as ! i I i I l, 1i I I I 2 Justice Juwadi Sridevi wp_13798_2026 illegal, arbitrary, and consequently direct the respondents Nos.2 and 3 to return the aforesaid certificates in favour of the petitioner forthwith, and pass..."

#2. Heard Mr. A.Prabhakar Rao, learneci counsel for the petitioner, learned Assistant Government Pleader for Medical and Health Department, appearing for respondent No.1 and Mr. T.Sharat, learned Standing Counsel for KlrlRUHS, appearing for respondent No.2. lnspite of service of notice, there is no representation for respondent No. 3.

#3. Case of the petitioner is that at the time of admission into the p.G. Pathology course, she submitted all her original certificates, including MBBS original marks memoranda, Graduation certificate, provisional certificate, study certificates, lntermediate certificates such as memorandum of marks. provisional and transfer certificates, 10th class certiflcates i.e., memorandum of marks and bonafide certificates as well as the medical registration certificates bearing Nos.TSMC/PMR/24891 and TSMC/FMR/36367. Thereafter, due to ilt-health, she could not report to the college, resuiting in automatic cancellaticn of her admission in terms of the notification, dated

26.02.2026, which is the subject matter of W.P.No.6794 of 2026 pending before this Court. Subsequently, she submitted representations, dated 01.04.2026, 14.04.2A26 and 15.04.2026 to -1..r. . 3 Justice Juwadi Sridevi wp_13798_2026 respondent Nos.2 and 3 seeking return of original certificates referred to above. However, respondent No.2 addressed a letter to respondent No.3, which was communicated to her through email, directing not to return the original certificates of .the petitioner and imposing a penalty of Rs.50,0o,oo0/- for the return of certificates. Hence, the present writ petition.

#4. Learned counsel for the petitioner submits that the petitioner requires her original certificates to pursue higher education. The action of respondent Nos.2 and 3 in withholding the original certificates submitted by the petitioner at the time of admission is illegal and arbitrary. Therefore, he seeks a direction to respondent No.3 to forthwith return the petitioner's original certificates.

#5. Perused the record. \ \

#6. lt is not in dispute that the petitioner secured admission in respondent N6.3-college and failed to report to the coilege due to ill-health and her original certificates referred to above were presently in the custody of respondent No.3. The said certificates, being personal and academic credentials, are undoubtedly the property of the petitioner. In such circumstances, respondent No.3- college has no authority whatsoever to retain the said certificates \ \t 4 lustice ,uwadi Sridevi wp-13798-2026 a and the retention of the petitioner's original certificates by respondent No.3 is whoily unjustified and cannot be sustained. Even assuming that the college has any monetary claim against the petitioner, withholding her original certificates'dannot be adopted as a mode of enforcing such clbim, the proper remedy, if any available to the college is to prbceed in accordance with law for recovery of its dues, but not to retain the petitioner's original certificates.

#7. For the foregoing discussion, this Writ Petition is allowed, directing respondent No.3 to forthwith return the original certificates referred to above to the petitioner, within a period of one (1) week, from the date of receipt of a copy of this order. No costs. Pencling miscellaneous applications, if ?t'ry, shall stand closed SD/-A.SRINIVAS REDDY REGISTRAR ,/TRUE COPY// ------f SECTION OFFICER To Secretariat Buildings, -.1. . Wdrangal district.

#1. The Principal Secretary, Medical and Health Hyderabad, State of Telangana' 2. The Registrar, Sri. Kaloji Narayana Rao University Health Sciences' Warangal' 3. Sri Venkata Sai Medical college, Mahabubnagar, Mahabubnagar District' 4. tirie CC toSRtA.PRABHAKAR RAO, Advocate [OPUC] 5. Two ccs to GP FOR MEDICAL HEALTH & FW, High court for the state ol 6. one cc to sRli.snnnnr, sc FoR KNRUHS [OPUC] 7. Two CD Copies Telangana, at Hyderabad. [OUT] (BY SPAD) . ? . PSK./ BSK HIGH COURT DATED: 0510512026 CC TODAY ORDER WP.No.13798 of 2026 STAIE 1 Do,,) [ 1 t\[\ ltT) t:') .f,- * -ft a'.1 n p,td I I I I DISPOSING OF THE WRIT PETTTION WITHOUT COSTS