HC grants relief to doctor, says medical college cannot withhold students original certificates to enforce bond
Telangana High Court
Hyderabad: Granting relief to a doctor, whose original medical certificates were withheld by the medical college for violation of bond service obligations, the Telangana High Court recently observed that the medical college has no lien over the original certificates of the candidates.
Allowing the doctor's appeal, a Division Bench of the High Court comprising Justices K. Lakshman and B.R. Madhusudhan Rao directed the medical college to return the original documents to the doctor within one week from the date of the order.
"Respondent No.8 - College is directed to return the original certificates i.e., i) Permanent Medical Registration Certificate (MBBS & PG); ii) Permanent MBBS Degree Certificate; iii) Provisional PG Degree Certificate; iv) Internship Completion Certificate; v) Bonafide Certificate (MBBS & PG); vi) Conduct Certificate (MBBS & PG); vii) SSC/CBSE (10th) Marks Memo; viii) 12th Marks Memo; ix) MBBS Marks Memo/Consolidated Memo; x) PG Marks Memo/Consolidated Memo; xi) Transfer Certificate; and xii) Migration Certificate, to the appellant under due acknowledgment, within one (1) week from the date of receipt of a copy of this Judgment," ordered the HC bench.
Case Background:
The appellant had joined a Government Medical College to pursue the DM/MCh degree. At the time of admission, the college had obtained an undertaking from the appellant-doctor to serve the Government of Telangana by working in Government Hospitals for a period of two years after successful completion of the Super-Specialty Course. According to the bond terms, if the doctor failed to join as a Senior Resident or did not complete two years of service within a maximum period of 36 months, he would have to pay Rs 50 lakh to the Government.
While joining the said course, the doctor had submitted the original medical certificates to the college. Consequently, he completed the said course during the academic year 2024-2025. Even then, the college did not return the original certificates to him on the ground that the appellant-doctor failed to work in Government Hospitals for two years in terms of the bond undertaking.
Approaching the High Court, the appellant doctor argued that the college has no power or authority to withhold the original certificates. He argued that in case of violation of the bond undertaking, the college can file a suit seeking recovery of money. However, it cannot withhold the certificates.
On the other hand, the Government Counsel relied on the principle laid down by the High Court in Malraju Suhitha v. The State of Telangana, Rep. by its Principal Secretary, Higher Education Department and Ms.Bhashapaka Pragna Vardhini v. The State of Telangana, Rep. by its Principal Secretary, Higher Education Department.
The Court noted that through an order dated 24.01.2020, the Division Bench of the HC struck down paragraph No.7 (iii) of G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates submitted by the candidates shall not be returned to them, till they complete their course of study and appear for the university examination, holding it as unconstitutional.
A similar view was also taken by the High Court in Mahatma Gandhi Law College, NTR Nagar, Hyderabad v. State of Telangana and in Sai Lakshmi Saranya v. The State of Telangana.
"Thus, respondent No.8 – College has no lien over the original certificates of the candidates including the appellant herein. If appellant violates the aforesaid undertaking, dated 11.04.2022, respondent No.8 – College is entitled for an amount of Rs.50,00,000/- from the appellant on the ground of the violation of the said undertaking, respondent No.8 – College has to file a suit against the appellant seeking recovery of money but it can’t withhold the original certificates of the appellant and it has no lien," observed the bench.
It further observed that the Assistant Government Pleader for Higher Education fairly submitted that the College has no power or authority to withhold the original certificates of the appellant. Similar submission was also made by the counsel for Kaloji Narayana Rao University of Health Sciences.
The Division Bench noted that the Single Judge had dismissed the petition filed by the appellant on 30.07.2025 without considering these aspects. Taking note of these facts, the HC bench allowed the appeal and directed the college to return the documents to the appellant-doctor within one week.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/2026/07/01/telangana-high-court-bond-policy-357149.pdf
