Educational Institutions Cannot Retain Original Certificates; Legal Recovery Recommended for Breach of Undertaking
In a significant ruling, the Telangana High Court has determined that educational institutions do not have the authority to withhold original certificates of students, even if there's a breach of an undertaking to serve in government hospitals. The court emphasized that institutions should pursue legal avenues, such as filing a suit, to recover any stipulated amounts for such violations, rather than retaining certificates.
The judgment was delivered in the case of Dr. Goteti Ravindranath versus Union of India, where the appellant challenged the withholding of his original certificates by a college after he failed to fulfill an undertaking to work in government hospitals for two years post-graduation. The court acknowledged that while the appellant had indeed given such an undertaking, the college's retention of his certificates was unconstitutional and not permissible.
The Division Bench of Justices K. Lakshman and B.R. Madhusudhan Rao underscored that educational institutions do not possess any lien over a student's original certificates. The court also struck down G.O.Ms.No.114 (2017), which permitted the retention of certificates until the completion of courses and examinations, as unconstitutional.
This ruling overturns a previous order by a Single Judge that dismissed the writ petition against the withholding of certificates. The High Court directed the respondent college to return Dr. Ravindranath’s original certificates within one week, emphasizing the need for institutions to seek recovery through appropriate legal channels if a student breaches an undertaking.
Counsel for the appellant, Mr. Sreenivasa Rao Velivela, successfully argued that the college should have pursued a monetary claim through legal means rather than withholding the certificates. The court supported this stance by referencing previous similar decisions, reinforcing that the appropriate course of action for institutions is to file a suit for recovery of the stipulated amount.
Bottom line:-
Educational Institutions cannot withhold original certificates of students even in cases of violation of undertaking to serve in government hospitals. Recovery of any stipulated amount for such violation must be pursued through legal remedies such as filing a suit, not by withholding certificates.
Statutory provision(s): G.O.Ms.No.114 (2017)
Dr. Goteti Ravindranath v. Union of India, (Telangana)(DB) : Law Finder Doc id # 2918560
