Rajasthan HC Orders Jaipur National University to Immediately Release Student’s Original Certificates; Says Documents Cannot Be Withheld to Recover Fees [Read Order]

Jaipur: The Rajasthan High Court, Jaipur Bench, has directed Jaipur National University to immediately release the original academic documents of an MBBS student, Eshita Gupta, holding that educational institutions cannot retain students’ certificates as leverage for fee recovery. The order was passed by Hon’ble Mr. Justice Anuroop Singhi in S.B. Civil Writ Petition No. 7084/2024 on 03 December 2025.

The petitioner sought the release of her Transfer Certificate and Migration Certificate submitted at the time of admission in 2022, which were required by Pearl University, Delhi, to allow her to appear for examinations commencing on 05 December 2025. She had completed two academic years and had paid fees for the sessions 2022–23, 2023–24, and 2024–25 before withdrawing due to health reasons.

The Court held that withholding the certificates to compel fee payment was unlawful. Justice Singhi stated:

“In the considered opinion of this Court, under no circumstances can these issues be said to be overlapping, as a document deposited by a student solely for seeking admission in the course by no stretch of imagination can be retained as a tool to compel her to deposit the fee.”

The Court observed that no contractual or regulatory material authorized the University to hold the petitioner’s certificates. It noted:

“Perusal of the documents available on record reveals that there is no solitary condition which permits the respondent University to withhold the documents of a student. Nowhere is the University empowered to continue the custody of the documents if the student is willing to leave the course.”

While the institution could follow lawful recovery procedures for outstanding dues, the Court found the retention of original certificates coercive and legally unsustainable. It clarified:

“The intent of the State as well as of the Hon’ble Supreme Court is to enable the institution to recover its fees, but certainly not by forcefully retaining the original documents of a student.”

Relying on decisions of the Punjab and Haryana High Court, the Court affirmed that certificates are the personal property of a student and cannot be used as collateral.

Accordingly, directing urgent compliance, the High Court ordered:

“The documents viz. the Transfer Certificate of Class 12 and the Migration Certificate of Class 12 be forthwith released to the petitioner and not later than by tomorrow.”

The matter has been listed next on 22 January 2026.

CASE DETAILS

Case Title: Eshita Gupta v. Jaipur National University and Another

Court: High Court of Judicature for Rajasthan, Bench at Jaipur

Case Number: S.B. Civil Writ Petition No. 7084/2024

Date of Order: 03 December 2025

Bench: Hon’ble Mr. Justice Anuroop Singhi

ADVOCATES:

For the Petitioner:
Mr. Punit Singhvi, Ms. Shradha Mehta, Mr. Ayush Singh, Mr. Ishan Verma

For the Respondents:
Mr. Kamalakar Sharma, Senior Advocate, Mr. Yogesh Kalla, Mr. Rishabh Khandelwal, Mr. Angad Mirdha

[Read Order]