Telangana HC: Colleges Can’t Withhold Certificates for Fee Dues

 Hyderabad: Justice Surepalli Nanda of the Telangana High Court directed Keshav Memorial Institute of Commerce and Science College, Narayanguda, to immediately issue a transfer certificate (TC) to a BCom student, ruling that withholding such documents due to pending fee reimbursement from the government was “impermissible in law.” The judge was dealing with a writ petition filed by Harsh Upadhyaya, a student who completed his BCom between 2021 and 2024, who had paid part of the annual tuition fee, while the remaining component was to be covered under the state’s fee reimbursement scheme. The college refused to issue his TC, citing non-payment by the government. The petitioner referred to UGC guidelines and the Telangana Council of Higher Education’s circular, which strictly prohibit colleges from withholding original certificates. The judge observed that certificates of students are their property and cannot be retained under any pretext, even if fees are pending. The judge further held that the proper remedy for the institution is to recover dues through legal proceedings, not through “coercive tactics.”

 TG VRA absorption rules under HC scrutiny

A two-judge panel of the Telangana High Court admitted a writ plea challenging the amendment to the Telangana Village Revenue Assistants (Appointment by Transfer to the Last Grade Service/General Subordinate Service/Ministerial Service) Rules, 2023, which enables absorption of village revenue assistants (VRAs) by transfer into the categories of office subordinate, record assistant and junior assistant or equivalent posts. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin is hearing a writ plea filed by M. Ramakrishna Reddy and 22 others, who are working as junior assistants and office subordinates in various districts. The petitioners assailed the amendment to Rule 3 introduced through a government order of August 2023. The petitioners contended that the move to make VRAs eligible for appointment by transfer was ultra vires and in violation of the Constitution, the Telangana Ministerial Service Rules, 1998, the Telangana State and Subordinate Service Rules, 1996, and the principles of natural justice. The petitioners contended that the amendment and subsequent proceedings issued by the chief commissioner of land administration and district authorities were resulting in wrongful inclusion of absorbed VRAs as junior assistants in inter-se seniority lists, thereby prejudicing the service prospects of regularly appointed employees. They sought to restrain the respondents from declaring probation, granting promotions, or determining the seniority of absorbed VRAs pending adjudication. After hearing the matter briefly, the panel directed the respondents to file their response within three weeks and posted the matter on November 13. In the meantime, the panel ordered that any declaration of probation or promotion pursuant to the impugned rule shall be subject to the outcome of the writ plea.

 HC sets aside promotions of NPDC engineers

Justice Nagesh Bheemapaka of the Telangana High Court set aside the seniority list and ordered that a batch of sub-engineers be appointed to the post of assistant engineer (electrical) in the Telangana Northern Power Distribution Company Limited (TGNPDCL). The judge held that the relaxation of service conditions granted to them was illegal and contrary to service regulations. The judge held that temporary or ad hoc appointments cannot confer seniority or service benefits until regularisation in accordance with the rules. The judge was dealing with a writ plea filed by G. Srinivas and two other assistant engineers, who alleged that their seniority was unlawfully disturbed by granting unwarranted relaxation to certain

sub-engineers. The petitioners, who joined as contract assistant engineers in 2002 and were regularised in 2004, contended that the NPDCL illegally counted the one-year training period of certain sub-engineers (appointed in 1999–2000) as part of their four-year qualifying service for promotion, despite explicit prohibitions under the APSEB Service Regulations. The judge noted that the 1994 board proceedings permitted only sub-engineers with a minimum of four years of regular service and an engineering degree to be promoted by transfer, and that the training period could not be included for calculating eligibility. The judge observed that “the management had given relaxation to count the training period as qualifying service without

issuing any statutory order, which is impermissible in law.” Holding that the relaxation and subsequent promotions were in violation of the service regulations, the judge quashed the impugned proceedings and restored the original seniority list, which placed the 2002 direct recruits above the transferee assistant engineers.

 No charges filed, drug peddling accused gets bail

The Telangana High Court granted bail to a driver accused in a narcotics trafficking case involving 140 kilograms of ganja seized near Chiragpally in Sangareddy district. The judge was hearing a criminal petition filed by Suhas Rau Dhayagude Dhada Patti. According to the prosecution, the two accused were transporting 140 kilograms of dry ganja from Malkangiri in Odisha to Balki is in Karnataka for illegal gain. Accused No.s 1 and 2 were apprehended in September 2024 and allegedly confessed that they were acting under instructions from two other accused. The petitioner was arrested through a prisoner transit warrant in December 2024. Counsel for the petitioner argued that the petitioner was falsely implicated and was in custody since December 2024, though no chargesheet was filed even after the expiry of the statutory period. It was further contended that one of the accused was enlarged on statutory bail. The judge noted that the petitioner had been in custody since December 2024 and that the chargesheet had not been filed within the stipulated time. Taking into account the parity with the co-accused and the period of incarceration, the judge deemed it fit to enlarge the petitioner on conditional bail.