Educational Institutions Can’t Claim Lien Over Certificates Of Students And Withhold It For Arrears Of Fees: Madras High Court
The Madras High Court has held it is a settled position of law that certificates of a student cannot be withheld for arrears of fees. The Court also held that educational institutions cannot claim lien over certificates of students.
The Petitioner approached the High Court seeking the writ of mandamus for the return of the original Transfer Certificate, X and XII mark sheet from his college. The Petitioner stated that, without those certificates, he cannot be admitted to another college, which was also arrayed as a Respondent.
The Bench of Justice Anita Sumanth directed the respondent College to give back the original Certificates of the Petitioner. The Court further granted the college liberty to pursue appropriate legal action to recover the outstanding amounts. "However, the settled position of law in this regard is that certificates of a student cannot be withheld for arrears of fees as the educational institution can claim no lien over the same", the Court held.
While hearing the petition, the College to which the Petitioner seeking transfer informed the Court that the Petitioner's admission had been cancelled because he failed to provide the necessary certificates and had not attended the required number of classes during the time he had been granted temporary permission to attend.
Hence, the the Court issued a writ of mandamus to the College directing it to return the Petitioner's original Certificates as and when the Petitioner presents himself before the college.
Cause Title: M.Kesavan V. The Principal and Ors. (Neutral Citation: 2024:MHC:1430)
Appearance:
Petitioner: Advocate T.S.Mohamed Mohdeen
Respondents: Senior Advocate Srinath Sridevan, Advocates A.Mohamed Gouse, K.Tippu Sultan and Ma.P.Thangavel
