College cannot hold a student’s original certificates as security for unpaid fees: Telangana High Court

A medical graduate had deposited his original certificates with the college at the time of admission to the MBBS course. He completed the course and the internship, but about Rs. 11.75 lakh of the final year tuition fee remained unpaid. The college did not return the originals, and he could not take part in NEET PG 2026 counselling without them. He approached the High Court in its writ jurisdiction.

The Court held that original certificates are the personal and academic credentials of the student and belong to the student alone. The college does not have any statutory or legal authority to keep them. The Court also observed that a claim for unpaid fees has to be pursued through appropriate proceedings in accordance with law, and the certificates cannot be held as security for the said amount. The college and the university were directed to return the originals within one week of receiving a copy of the order. 

The order follows similar orders of the same Court in March and April 2026, including one against an engineering college.

What institutions should note:

(a) Original certificates should be verified at admission and returned. Retaining them, even with the student’s undertaking, is unlikely to survive a challenge.

(b) In the event that fees remain unpaid, the remedy is a written demand followed by recovery proceedings, supported by a clear fee ledger.

(c) Admission forms, undertakings and fee policies that provide for retention of originals should be reviewed and corrected.

EduLegaL View:

Institutions should return original certificates after verification and stop treating them as a lever for fee recovery, since courts are consistently striking down such retention. The stronger protection lies in a clear fee agreement, a properly maintained fee ledger and a timely written demand, which together support a recovery claim in the event that fees remain unpaid.