Delhi High Court
Dr. Akshita Khosla vs University Of Delhi And Ors on 4 August, 2020
SINDHU KRISHNAKUMAR
04.08.2020 20:48
$~14 to 16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 4th August, 2020
+ W.P.(C) 4444/2020 & CM APPLs. 16012-14/2020
DR. AKSHITA KHOSLA ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
(M:7045654395)
versus
UNIVERSITY OF DELHI AND ORS ..... Respondents
Through: Ms. Nidhi Raman, CGSC for UOI, R-
4.
Mr. Sunil Dutta, Senior Advocate
with Mr. Mohinder Rupal and Mr.
Hardik Rupal, Advocates for DU.
Mr. Shlok Chandra, Advocate with
Ms. Mansie Jain and Mr.
Chandratanay Chaubey, Advocates
for R-5.
Mr. Apoorv Kurup, Ms. Upama
Bhattacharjee & Ms. Nidhi Mittal,
Advocates for UGC. (M:8800678743)
Dr. Vinay Gupta, Dean
(Examination), DU with Dr. Sanjeev
Singh, Joint Director, DU Computer
Centre.
With
+ W.P.(C) 4754/2020 & CM APPLs. 17158-59/2020
DR MILI ROHILLA & ORS. ..... Petitioners
Through: Mr. Yatharth Rohilla, Mr. Vishesh
Wadhwa and Ms. Swadha Gupta,
Advocates. (M:9999666038)
versus
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By:PRATHIBA M SINGH W.P.(C) 4444/2020, 4754/2020 & 4571/2020 Page 1 of 10
Signing Date:04.08.2020 20:15
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Sunil Dutta, Senior Advocate
with Mr. Mohinder Rupal and Mr.
Hardik Rupal, Advocates for DU.
Mr. Apoorv Kurup, Ms. Upama
Bhattacharjee & Ms. Nidhi Mittal,
Advocates for UGC. (M:8800678743)
Mr. Shlok Chandra, Advocate with
Ms. Mansie Jain and Mr.
Chandratanay Chaubey, Advocates
for R-5.
Dr. Vinay Gupta, Dean
(Examination), DU with Dr. Sanjeev
Singh, Joint Director, DU Computer
Centre.
With
+ W.P.(C) 4571/2020 & CM APPLs. 16511-13/2020
DR NAMAN BARECHA & ORS. ..... Petitioners
Through: Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Sunil Dutta, Senior Advocate
with Mr. Mohinder Rupal and Mr.
Hardik Rupal, Advocates for DU.
Mr. Apoorv Kurup, Ms. Upama
Bhattacharjee & Ms. Nidhi Mittal,
Advocates for UGC. (M:8800678743)
Mr. Shlok Chandra, Ms. Mansie Jain
and Mr. Chandratanay Chaubey,
Advocates for R-5.
Dr. Vinay Gupta, Dean
(Examination), DU with Dr. Sanjeev
Singh, Joint Director, DU Computer
Centre.
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH W.P.(C) 4444/2020, 4754/2020 & 4571/2020 Page 2 of 10
Signing Date:04.08.2020 20:15
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video-conferencing.
2. The present writ petitions reflect the sorry state of affairs at the
University of Delhi (hereinafter, "DU"). The Petitioners are all doctors who
have graduated their MBBS course in the year 2018 and 2019 from three
medical colleges in Delhi i.e, Lady Hardinge Medical College, Maulana
Azad Medical College and University College of Life Sciences. These
doctors have been struggling to get their original degree certificates released
and after all their attempts with DU failed, they have approached this Court
through the present writ petitions.
3. The first writ petition, being W.P.(C) 4444/2020, was listed on 22nd
July, 2020 on which date this Court had observed that DU ought to make
alternative arrangements during the COVID-19 pandemic for issuance of
digital certificates, digital mark-sheets and digital transcripts online, along
with the digital signatures and security features. Towards this end, the Court
had also noted that in an earlier writ petition being WP(C) 3945/2020 titled
Dhritiman Ray v. University of Delhi, a graduate of DU in 2017 had sought
his degree certificate. After the intervention of the Court, the handwritten
degree certificate was issued. The reason cited by DU for delay in issuance
of the degree certificate was non-availability of paper and the fact that DU's
contract with the printer had expired. The said case was heard in the first
week of July and on 7th July, 2020 this Court was informed that steps were
being taken for printing the degree certificates in an expedited manner.
Despite this being the position, the tender for printing degree certificates
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was not finalized and it was only yesterday i.e., 3rd August, 2020 that the
tender was opened. So, in so far as issuance of printed degree certificates are
concerned, this Court clearly was of the opinion that the same would not be
ready quickly for issuance to students who have various deadlines.
4. Under these circumstances, the Dean of Examinations and the Joint
Director, Delhi University Computer Centre (DUCC) were requested to join
the video-conferencing hearing to enable this Court to lay down a scheme
for issuance of digital degree certificates and other documents. On 23rd July,
2020, DU was directed to place on record the mechanism/protocol devised
for issuance of digital degree certificates and other documents.
5. An affidavit has been filed today before this Court in which the
system adopted by DU is sought to be explained. This Court is informed that
a Committee has been formed for looking after the security of sensitive data
of academic awards, manpower requirement, University revenue etc. At this
stage, looking at the urgency of the Petitioners, DU's affidavit states as
under:
" At this point of time looking at the urgency
for the degree of the petitioners specially the
medical doctors/professionals who have already
completed their degree from University of Delhi
and also other urgent specific cases, the University
will initiate measures so that their degree can be
delivered to them on priority basis and for that
purpose the related data shall be given to the
Digilocker to generate their digital degree.
Further, the University will develop a system to
address such type of cases in a time bound manner
so that degree certificate can be provided digitally.
9. It is submitted that the tender for the printing of
degree certificates of the University has been
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opened and the process to award the contract will
be expedited positively."
6. Professor Vinay Gupta, Dean of Examinations and Dr. Sanjeev Singh,
Joint Director, Delhi University Computer Centre (DUCC) have joined
today's hearing. The Court has perused the protocol which has been placed
on record. The same is reproduced below:
"Protocol for obtaining degree through online process
There will be an online portal to obtain the Degree/
Certificate
Process:
Step 1
The candidate needs to register on the online system and
login
Step 2
Candidate to fill the required information. The candidate
shall receive the confirmation email.
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Step 3
The examination branch will verify the details and process
the application
Step 4
The soft copy of the degree is generated by the
examination branch with required signature of competent
authority
Step 5
The degree is digitally verified and mailed to the candidate
through the portal.
Step 6
The digital certificate will be received by the candidate.
Close
• The screen shots are indicative"
7. The Court has repeatedly put queries to the officials of DU as to
whether this protocol relates to degree certificates as a perusal of the same
shows that this is meant for issuance of a 'special certificate'. Moreover, the
steps which have been mentioned in this protocol require the student to
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upload a scanned copy of their photograph, signature, self-attested
marksheet of the final year/semester along with a non-refundable fee of
Rs.500/-. It also requires submission of hard copies of the application along
with the signatures etc., The protocol also states that the certificates would
be issued in person to the candidate/their nominee after a period of 15 days
or 7 days from the date of submission of the application, excluding
Saturdays, Sundays and other Gazetted holidays. Even the name of the
portal has not been specified. The degree certificate is to be collected in
person. The electronic copy of a sample degree to be issued is also not yet
ready. Dr. Sanjeev Singh, however, informs the Court that he has obtained a
digital signature in his name for issuance of the degree certificate.
8. The affidavit, in fact, exhibits a complete lack of any arrangement for
issuance of degree certificates digitally. There has been no application of
mind whatsoever, as the period specified for issuing the same is not clear.
The entire purpose of digital degree certificates is defeated if a person is to
come personally to collect the same. Moreover, the information sought from
the students, shows that the procedure is being made more complicated
instead of it being simplified.
9. On behalf of the UGC, Mr. Kurup, ld. counsel, submits that the
NDML, which was earlier the digital repository for all the academic records,
is no longer in charge of the same and Digilocker has now been set up by the
Ministry of Electronics and Information Technology (MEITY) to become
the digital repository for all academic documents in order to implement the
National Academic Depository (hereinafter, "NAD").
10. Dr. Surender Singh, Joint Secretary, NAD and Mr. Durgaprasad Dash,
Additional General Manager, National e-Governance Division (NeGD),
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MEITY have joined the video-conferencing hearing. They submit that there
was an agreement dated 3rd October, 2019 with NDML, however, no data
was uploaded by DU. Insofar as Digilocker is concerned, the Court is
informed that DU has registered on Digilocker only yesterday i.e., 3rd
August, 2020.
11. Despite sufficient time being made available, it is clear that DU is not
taking adequate steps to set up the process for issuance of digital degree
certificates. There is a completely callous attitude being reflected towards
the plight of students. A request is made for adjourning the matter for
tomorrow to place a better scheme on record. This Court feels that the same
would be completely futile as considerable time has already lapsed without
any positive steps being taken by the DU. All the Petitioners wish to get
their registrations on the ECFMG platform in order to be able to sit in the
USMLE examination for post graduate studies in the US. It is stated that the
deadline for submission of their degree certificates is 15th August, 2020. It
is in view of this deadline that this Court was repeatedly listing the matter to
find a solution. However, the affidavit filed by DU is lacking in several
respects - in the name of the portal, the link to the portal, the form to be
filled for obtaining the digital degree-certificate and in not providing a
sample of the degree certificate to be issued.
12. The protocol which has been placed on record has made it extremely
difficult for candidates to obtain a degree-certificate. Obtaining a degree,
which should have been a cause of celebration, has been turned into a
complete nightmare for all these doctors who ought to have been busy
rendering medical services during the pandemic. Despite the Court's best
effort, DU is not placing a proper protocol on record. In view of the above,
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this Court deems it appropriate to constitute a Committee consisting of the
following officials:
i. Mr. Sarsij Kumar, Joint Director (M: 9650006723) and Mr.
Zameem Ahmad Khan, Senior System Analyst (M: 9650006732)
from the Delhi High Court IT team.
ii. Mr. Durgaprasad Dash, Additional General Manager, National
e-Governance Division (NeGD), MEITY (M:7735001000, Email ID:
[email protected]).
iii. Ajoy Agrawal, Senior Manager, Digilocker (M: 8527843466)
iv. Prasoon Kumar, Senior Manager, Digilocker (M:9971307379)
v. Dr. Sanjeev Singh, Joint Director, Delhi University Computer
Centre (M:9212002844)
13. The Committee shall finalize the following:
a) The online link on the DU portal where the students can put in
applications for issuance of their digital degree certificates.
Alternatively, an e-mail address shall be provided where the
Petitioners and similarly placed candidates can write an e-mail to
obtain their degree certificates;
b) The timeline after receipt of the said email for verification and
issuance of the degree certificate with the digital signature;
c) Template for the degree certificate to be issued by email;
d) Official to be responsible for affixing the digital signature and
issuance of the same;
e) A sample degree certificate in favour of one of the Petitioners,
duly signed with the digital signature, shall also be generated;
f) Timelines for transmission of past data to Digilocker from DU;
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g) Timelines for transmission of data periodically to Digilocker so
that students can easily access their certificates, transcripts,
marksheets, awards etc.
14. Status report shall be submitted to this Court on 7 th August, 2020 by
10:00 a.m. List this matter for hearing on 7th August, 2020 at 3:00 p.m.
15. Copy of this order be provided to all the counsels today itself.
16. The Committee shall have its first meeting tomorrow i.e., 5th August,
2020 at 11:30 a.m. in the office of Dr. Sanjeev Singh, Joint Director, DUCC.
PRATHIBA M. SINGH
JUDGE
AUGUST 04, 2020
dj/T
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Signing Date:04.08.2020 20:15
