Educational institutions cannot treat a student’s original academic certificates as security for recovery of outstanding fees merely because dues are alleged to be pending.
In M. Kesavan v. The Principal and Others, the Madras High Court considered a request for return of the petitioner’s original Transfer Certificate and X and XII standard mark-sheets. The college acknowledged that dues were pending, but the Court referred to the settled position that educational institutions cannot withhold a student’s certificates for arrears of fees because the institution has no lien over them.
The Court therefore issued a mandamus directing the college to return the original certificates. At the same time, the Court made it clear that the institution remained at liberty to take lawful measures to recover the monetary outstanding amounts.
Where an educational institution retains original certificates because of a fee dispute, the student should distinguish between the institution’s right to pursue lawful recovery of dues and any purported right to retain the student’s original academic documents. The appropriate remedy depends on the facts, the institution involved and the applicable regulations.
With Regards,
S. JEEVAGAN, M.A., LL.M.
Advocate & Legal Consultant
M/s. JEEVAGAN LAW ASSOCIATES, MADURAI.