Court affirms that withholding certificates for unpaid fees violates UGC guidelines and constitutional rights under Articles 14 and 21.
In a significant ruling, the Telangana High Court directed the release of original educational certificates to Ms. Bhashapaka Pragna Vardhini, a student whose documents were withheld by her university over unpaid tuition fees. The decision came after a writ petition was filed by the student, challenging the university's actions as arbitrary and unconstitutional.
Presiding over the case, Justice Surepalli Nanda emphasized that educational institutions cannot retain original certificates as leverage for fee recovery, citing violations of the University Grants Commission (UGC) guidelines and the constitutional rights to equality and personal liberty under Articles 14 and 21.
The petitioner, a graduate from the B.Tech program in Computer Science and Engineering, faced significant hardships due to the university's actions, impacting her ability to pursue further education and employment opportunities. Despite financial constraints and belonging to a Scheduled Caste community, the petitioner was unable to clear the alleged pending fees, leading to the withholding of her certificates.
The court noted the UGC (Grievance Redressal of Students) Regulations, 2018, which prohibit colleges and universities from withholding original documents. It directed that any financial disputes should be resolved through legal recovery proceedings, not through coercive means like withholding certificates.
The court's decision is supported by previous rulings from various high courts, reinforcing the stance that withholding certificates is impermissible and violates students' fundamental rights. This judgment reaffirms the legal and ethical obligation of educational institutions to uphold the rights of students, prioritizing their educational and professional advancement over financial disputes.
Bottom Line:
Educational institutions cannot withhold original educational certificates of students citing non-payment of tuition fees. Such actions violate UGC guidelines and constitutional rights under Articles 14 and 21.
Statutory provision(s): Articles 14 and 21 of the Constitution of India, UGC (Grievance Redressal of Students) Regulations, 2018
Ms. Bhashapaka Pragna Vardhini v. State of Telangana, (Telangana) : Law Finder Doc id # 2865099
