Telangana High Court says colleges can’t withhold documents even if there are outstanding fees: ‘No lien over certificates’

The Telangana High Court directs Nalla Malla Reddy Engineering College (Autonomous) in Ghatkesar, near Hyderabad, to issue in two days a transfer certificate to a student who completed a BTech course.

Telangana HCHer counsel, C Hari Preeth, submitted that the college had withheld her documents and even refused to accept a court notice personally. (File Photo)

The Telangana High Court on Friday directed Nalla Malla Reddy Engineering College (Autonomous) in Ghatkesar, near Hyderabad, to immediately release a student’s academic and transfer certificates, emphasising that a college “has no lien over the certificates” of the student.

The oral order, by Justice K Lakshman, came in response to a writ petition filed by a student who recently completed a BTech course and required her original certificates, including marks memos and a transfer certificate, to enroll in an MTech course at another institution.

Her counsel, C Hari Preeth, submitted that the college had withheld her documents and even refused to accept a court notice personally.
The court heard the college had already furnished a provisional certificate and consolidated marks memo to the student following an email from the All India Council for Technical Education (AICTE), but was still holding the crucial transfer certificate.

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Justice K Lakshman’s judgment affirmed a well-established legal principle, citing several previous rulings from the same high court, including D Vaishnavi v State of Telangana and Mahatma Gandhi Law College v. State of Telangana.

The court unequivocally stated that a college “has no lien on the certificates of the petitioner” and cannot withhold them, adding that even if there are outstanding fees, the college must seek legal remedies for fee recovery, such as filing a suit, rather than holding a student’s documents hostage.

In its final directive, the court ordered the engineering college to issue the transfer certificate to the student within two days from the date of receipt of a copy of the order. It also instructed the registrar of Jawaharlal Nehru Technical University, Hyderabad, to ensure that the college complies with the order.

Rahul V Pisharody is Assistant Editor with the Indian Express Online and has been reporting for IE on various news developments from Telangana since 2019. He is currently reporting on legal matters from the Telangana High Court. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of city reporters, district correspondents, other centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. ... Read More

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