THE HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32525 OF 2011 Dated:12-12-2011 Between: Vattikuti Jayasruthi W/o.B. Mohith Dalaiah … Petitioner And State of A.P., Rep. by its Principal Secretary, Higher Education, Secretary and others. … Respondents THE HONOURABLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.32525 OF 2011 ORDER: This writ petition is filed for the following relief: “to issue a Writ, more particularly in the nature of Writ of Mandamus, declaring the action of the respondents 2 & 3 in not taking expeditious steps to recover the petitioner’s educational certificates kept with the 4th & 5th respondents by initiating necessary action basing on the complaints dt.24.8.2011 and 05.09.2011 from the illegal custody of the persons more particularly the Respondent No.6 as exfacie illegal, arbitrary, unjust, non- exercise of power and violation of right to education and for a consequential order directing the 2nd & 3rd respondents to take steps to receiver the educational certificates of the petitioner based on her complaints dt.25.08.2011 and 05.09.2011 forthwith”. 2. The case of the petitioner is that she secured admission in the 4th respondent College by transfer from another college, i.e., P.R.R.M. College of Pharmacy, Kadapa, vide orders of the State Government in G.O.Rt.No.13, dated 06-01-2011. At the time of admission, she submitted her certificates in the said college, besides paying fees of Rs.75,000/-. The petitioner states that she married one B. Mohit Dalaiah, who belongs to SC Community, against the wishes of her mother, the 6th respondent herein. It is stated that her mother developed grouse against her for having married a person outside her community and approached the 5th respondent, who is the Principal of the 4th respondent College, to return the certificates of the petitioner and on such request, the 5th respondent handed over the certificates to her. The petitioner, therefore, submitted a complaint, dated 27-08- 2011, to the respondents 2 and 3 against her mother to take action for tracing out the educational certificates and deliver the same to her. It is stated that the said representations are yet to be enquired into. 3. In the meanwhile, the petitioner has filed this writ petition for a direction to the respondents 2 and 3 to recover the certificates from the respondents 4 and 5. 4. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 and 2 and the learned Government Pleader for Home for the 3rd respondent. 5. The learned counsel for the petitioner submits that return of the certificates by the 5th respondent to her mother is not justified since her mother has no right to receive the certificates on her behalf. 6. I am unable to accept the said contention. A perusal of the complaint, dated 27-08-2011, shows that the petitioner went to the college along with her mother and submitted the certificates before securing admission. The complaint also shows that the fee was paid by her mother. Therefore, there was no valid reason for the 5th respondent to refuse to hand over the certificates to her. The petitioner is raising the objection because of the differences between her and her mother, which have admittedly arisen after she secured admission. There is no reason to assume that merely because differences developed between the petitioner and her mother, it cannot be presumed that the 5th respondent had knowledge or any mala fide intention in returning the certificates to the petitioner’s mother. Admittedly, the certificates are in the custody of her mother, against whom the complaint has already been lodged. Further, the 4th respondent is a private educational institution, which is not discharging any statutory or public function in the matter. 7. In the circumstances, I am of the view that the writ petition for the aforesaid relief is misconceived and is liable to be dismissed and is accordingly, dismissed. There shall be no order as to costs. _____________ NOUSHAD ALI, J December 12, 2011. KTL