Institutions Cannot Withhold Certificates Of Students To Enforce Bonds: Telangana HC

Hyderabad: A two-judge bench of the Telangana High Court reiterated that educational institutions cannot withhold original academic certificates of students to enforce service bonds. The bench comprising Justice K. Lakshman and Justice BR Madhusudhan Rao, Dr. He was dealing with a writ plea filed by Santosh Kumar Gandupalli and others challenging a single judge’s decision to reject the request for issuance of original academic certificates.

The appellants have alleged that though they attended super specialty courses (DM/MCh) and completed their studies, Osmania Medical College withheld their original certificates on the ground that they had not fulfilled the mandatory two-year service in government hospitals as stated in the undertaking given at the time of admission. It was submitted that the Authority had no legal authority to retain such certificates and at best, it could seek recovery of the bond amount through appropriate legal proceedings. A single judge had earlier observed that the state has the power to impose and enforce compulsory service bail on medical students requiring superior specialization and that the requirement to serve in the government for two years or pay the prescribed penalty does not violate the provisions of the Constitution.

On appeal, the panel ruled that the university had no lien on the students’ original certificates. It observed that even in cases involving a breach of commitment, the remedy available to the institution is not to retain the certificates but to initiate proceedings for the recovery of the stipulated guarantee amount. The board also took into consideration previous decisions in which similar provisions allowing retention of original certificates were declared unconstitutional. Setting aside the order under appeal, the bench allowed the written objection and directed the respondent university to return all the original certificates of the appellants within a week. He explained that if any breach of the undertaking comes to light, the institution has the freedom to initiate appropriate proceedings for recovery of the bond amount.