Hyderabad: Justice T. Vinod Kumar of the Telangana High Court summoned the Ranga Reddy district educational officer to explain the action taken by him against Solitaire Global School for failing to release the original educational certificates of a student who completed her A-levels.
Soha Ali filed the writ petition complaining that the school in question unjustly withheld the certificates due to unpaid fees of the student’s sibling. It was contended that she took admission and completed her studies for the 2022–2024 academic years. The petitioner thereafter joined Solitaire Global School in September 2021 under the IGCSE curriculum and successfully completed her 12th grade in 2024. She secured admission to Hamstech College of Design for a BA (Hons) in Interior Design thereafter.
As part of the admission process, she was required to submit her original academic certificates, including her 11th and 12th-grade mark sheets, a bonafide certificate, a migration certificate, and a transfer certificate. Despite fulfilling all academic and financial obligations, with proof of fee payment, the school refused to issue her documents.
In an email, the school stated that the certificates would not be released until her brother’s outstanding fees were paid. The petitioner argued that she had no financial liability concerning her sibling’s dues, making the school’s decision arbitrary and illegal. The petitioner approached various authorities, including the local police, the department of education, and the Cambridge Assessment International Education Board, seeking intervention.
However, no action was taken, leaving her in distress and at risk of losing her college admission. After hearing the petitioner, the judge noted that withholding educational certificates for reasons unrelated to a student’s own obligations violates fundamental rights, including the right to education under Article 21 of the Constitution.
While hearing the case, the judge observed that educational institutions cannot blackmail the parents to recover fees by unlawfully withholding students’ certificates. The judge further questioned how the school could withhold the petitioner’s certificates despite Supreme Court orders explicitly stating that no institution can withhold a student’s certificates under similar circumstances. The petitioner’s counsel submitted that petitioner’s socio-economic background played a significant role, highlighting that already her community has limited access to higher education, making the school’s actions even more unjust. The judge also questioned why no action was taken against the school despite representations being made in January. The matter is now listed for further hearing on Thursday.
India Post sues CBIC over service tax
The Chief Postmaster-General moved the Telangana High Court against the Principal Commissioner, Central Board of Indirect Taxes and Customs (CBIC), questioning the impugned order demanding service tax from the postal department.
The bench comprising acting Chief Justice took on file a strange case of one department of the central government suing another.
The petitioner argued that a similar situation arose before the High Court of Andhra Pradesh and subsequently the department of revenue (Central Board of Indirect Taxes and Customs) issued instructions dated October 9, 2024.
The petitioner pointed out that the High Court of Andhra Pradesh in its order said, “Accordingly, it is requested to direct the concerned Commissionerate that Departmental Counsel may request the Hon’ble Court(s) to remand back the case to the Original Adjudicating Authority for re-adjudicating the matter. The Adjudicating Authority would check the due payment of service tax through book adjustment and in case, the same is found to be in order, not insist on further payment to avoid double payment of tax by the Officers of the Department of Posts in light of the Board’s instructions dated 21.03.2023.”
B. Narasimha Sharma, Additional Solicitor General of India, appearing for the petitioners argued that two departments of the government are unfortunately contesting this matter, which can be decided in terms of the order passed by High Court of Andhra Pradesh.
The bench granted eight weeks time to CBIC to file their counter affidavit and in the meantime stayed the order.
Suspect in suicide case granted bail
Justice K. Sujana of Telangana High Court granted a bail to an accused in a case related to the suicide of a young woman. The judge was dealing with a bail petition filed by Shivaratri Nikhil Chintu.
According to the prosecution, when the victim — a college student — consumed bathroom cleaning acid at her residence in December 2024 after receiving a phone call, she was rushed to Vijaya Hospital and later referred to OX Care Hospital, where she died.
Subsequent investigations led to the petitioner’s arrest. However, the petitioner argued that he was arrested without substantial evidence and was not present at the scene of the alleged offence.
The petitioner claimed that the investigating agency relied on a coerced confession, which is inadmissible under Section 25 of the Indian Evidence Act. The additional public prosecutor opposed the bail petition contending that the allegations leveled against the petitioner are serious in nature.
After hearing the parties and perusing the material on record, the judge observed that the petitioner had been in jail for over a month and that the crucial part of the investigation had been completed, with 14 witnesses already examined. The judge found that these factors made it a fit case for granting conditional bail and allowed the bail petition.
