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Judiciary

Certificates of student can’t be withheld for arrears of fees as educational institution cannot claim lien over it: Madras HC [Read Order]

By Rintu Mariam Biju      26 March, 2024 06:18 PM      0 Comments
Certificates of student cant be withheld for arrears of fees as educational institution cannot claim lien over it Madras HC

MADRAS: In a recent judgement, the Madras High court has reiterated that certificates of students can’t be withheld by a University or educational institution as it can’t claim lien over it. The term lien refers to a legal claim or legal right which is made against the assets that are held as collaterals for satisfying a debt.

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“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. 5. Hence mandamus is issued to R1 to return the original Transfer Certificate, Mark-sheets of X and XII to the petitioner, as and when he presents himself before the college”, Justice Anita Sumanth observed. 

The Court was considering a plea wherein a writ of mandamus was sought 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 Court was earlier told that the petitioner’s admission had itself been cancelled as he has neither produced requisite certificates nor had requisite attendance for the period that he was allowed to attend classes subject to furnishing of those certificates. On March 21, the petitioner’s alma mater informed that there are pending dues from the petitioner’s side. 

Then, the court proceeded to issue a mandamus is issued to the College to return the original Transfer Certificate, Mark-sheets of X and XII to the petitioner, as and when he presents himself before the college while granting liberty to the College to take measures to recover the monetary outstandings. With these observations, the court allowed the plea.  
 

[Read Order] 



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