Delhi High Court
Dhritiman Ray vs University Of Delhi & Ors. on 7 July, 2020
SINDHU KRISHNAKUMAR
08.07.2020 16:43
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 7th July, 2020
+ W.P. (C) 3945/2020
DHRITIMAN RAY ..... Petitioner
Through Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Mohinder Rupal and Mr. Hardik
Rupal, Advocates for University of
Delhi.
Mr. Ankur Chhibber and Mr.
Anshuman Mehrotra, Advocates for
R-2.
Ms. Shefali Vohra, Advocate for R-4,
GNCTD.
Ms. Nidhi Raman, CGSC for R-3,
UOI.
Prof. Vinay Gupta, Dean
Examination, University of Delhi.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video-conferencing.
2. The Petitioner, Mr. Dhritiman Ray, completed his M.A. in
Psychology with a First Division from the Zakir Hussain Delhi College,
Delhi in 2017. The Petitioner obtained admission into several prestigious
colleges including Kings College London, Edinburgh University, Glasgow
University, etc. for pursuing his post-graduation. The Petitioner's case is that
he was also awarded the Commonwealth Scholarship by Kings College
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London, however, the same could not materialize due to the non-filing of the
degree certificate in time, which was to be issued by the DU. Mr. Sarthak
Maggon, ld. counsel appearing for the Petitioner submits that one final
opportunity is available to him to avail of a scholarship from Glasgow
University and if the degree certificate is not immediately uploaded by him
on the portal, even the said opportunity is likely to be lost. He has thus been
compelled to file the present writ petition due to the non-issuance of his
degree by the Delhi University (hereinafter 'DU').
3. The present petition was listed yesterday when, Mr. Rupal, ld. counsel
appearing for the DU submitted that the reason for non-issuance of the
degree certificate is lack of proper quality paper and that the contract with
the printer has also expired. Notice was issued in the writ petition and an
order was passed on 6th July 2020, the operative portion of which reads as
under:
"8. This Court is of the opinion that there needs
to be a proper streamlined procedure with proper
deadlines being fixed for issuance of the mark sheets,
transcripts, degree certificates, etc. so that students of
DU are not inconvenienced in any manner.
Accordingly, it is directed that Professor Vinay Gupta,
Dean of Examinations, DU shall appear before this
Court on 7th July, 2020 and suggest a proper schedule
and timeline for issuance of degree certificates and
other related documents as also the respective officers
who would be personally responsible for the same.
9. Mr. Rupal, ld. counsel shall also obtain instructions
and make a statement as to in what manner the degree
certificate can be given to the Petitioner at the earliest
and in any case, before 10th July, 2020."
4. Further to the above order, Prof. Vinay Gupta, Dean, Examination,
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University of Delhi, has appeared today and expresses his regret to the fact
that the degree certificate was not issued to the Petitioner. In fact, he submits
that University of Delhi always endeavours to help the students to the
maximum extent possible. He states that in this case, the convocation for the
2017 degree course, which the Petitioner completed, was held in November,
2018. However, the data relating to students was uploaded by the college
only in December, 2019. Immediately thereafter, the contract with the
printer engaged by Delhi University came to an end and the same had to be
re-tendered. Owing to the lockdown situation, there were very few bids
received for the tender which delayed the process. However, the tender for
the printer is being finalized shortly. Prof. Gupta assures the Court that the
degree certificate for the Petitioner would be issued on or before 10th July,
2020. He submits that a Special Certificate was issued to the Petitioner,
however the college in London has not accepted the same, though in the
case of other students, international colleges and Universities have accepted
the same.
5. The attainment of graduation and award of degree is usually a cause
for celebration among students. Universities both in India and
internationally, hold proper convocation ceremonies for all undergraduate
and postgraduate courses. However, owing to the large number of students
who study in DU, the convocation is held only for Ph.d. students and medal
holders. However, immediately after the Convocation, DU is expected to
release the degree certificates to its students. In the case of the Petitioner, the
journey after completion of his studies, to obtain the degree certificate has
turned out to be arduous and unpleasant. The non-release of his degree
certificate for three years has had an irreparable impact on his further
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educational prospects.
6. This Court takes serious note of the fact that issuance of degree
certificates to students are being delayed in this manner, that too due to
completely unjustifiable reasons. The non availability of paper and printing
facilities cannot be a justifiable cause especially when the careers and
educational prospects of students are at stake. Though no convocation is
held, the issuance of degree certificates which ought to be a happy and
memorable occasion has been turned into a laborious and burdensome
process.
7. The object and purpose of every University ought to be to attain
`Educational excellence'. The same has to however be achieved with
`Administrative certainty'. This case shows that there seems to be
complete administrative lethargy on the part of all the authorities. First, there
is no justification for not holding the convocation on an annual basis in the
same year when the student passes out. It is unheard of that the convocation
is itself held one year later. Secondly, there is no justification for the college
not to send the data relating to the Universities immediately upon
announcement of results of the final year students. Thirdly and finally, non-
availability of printing facilities and paper is a completely derisory and
inexcusable reason.
8. In the present case, the convocation for students who passed out in
2017 has already taken place. However, due to completely unjustifiable
reasons such as lack of paper, lack of printing facilities, etc., the degree
certificate has not been issued to the Petitioner. In the opinion of this Court,
such an excuse does not justify the non-issuance of the degree certificate for
a period of three long years, resulting in irreparable damage to the
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Petitioner's further studies. The DU ought to facilitate the process of
obtaining degree certificates by students and should, in fact, provide all
possible assistance to students who wish to pursue further education and
career opportunities. Instead, it is clear from the correspondence on record
that the Petitioner's repeated requests for issuance of his degree certificate
have not materialised. A special certificate in lieu of the degree certificate
was issued by the DU on 31st December, 2019, which, however, was not
accepted by the international universities as a degree certificate.
9. There is thus a need for the DU to streamline the process of issuance
of degree certificates with a fixed timeline and schedule. Accordingly, an
affidavit shall be placed on record by the University of Delhi, giving the
following details:
i. Details of the Statutes/Regulations that govern the holding of
convocations;
ii. The procedure adopted for holding of convocations and the
frequency thereof;
iii. The procedures followed by colleges and the DU for collection of
data and the timelines thereof; and
iv. The timeline for issuance of degree certificates after the
Convocation is held.
The affidavit shall also specify the person (by designation) who would be in
charge of issuing degree certificates and the manner in which the procedure
would be speedened up, in order to ensure that students are not
inconvenienced, as has happened in the present case.
10. The DU shall also consider creation of a dedicated helpline manned
by a responsible official for the purpose of issuance of degree certificates,
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transcripts etc., and the same shall be dealt with in the affidavit.
11. Let the affidavit be filed within four weeks.
12. Insofar as the Petitioner is concerned, since time is of the essence,
Prof Gupta has agreed to expedite the issuance of the degree certificate.
Accordingly, the Petitioner shall approach the office of Prof. Vinay Gupta,
Dean, Examination, Delhi University, North Campus on 9th July, 2020 at
3:00 p.m, to collect his original degree certificate (with or without the
security feature). If any further email or letter is needed for the Petitioner to
satisfy the foreign University that the certificate being issued is genuine, the
same shall also be written by the Dean, to ensure that the degree certificate
being issued is accepted by the said University or other authorities.
13. List on 10th July, 2020 for directions to ascertain that the Petitioner
has been issued the degree certificate. The matter be listed for further
hearing on 7th August, 2020.
PRATHIBA M. SINGH
JUDGE
JULY 07, 2020
MR/A
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By:PRATHIBA M SINGH
Signing Date:08.07.2020 16:09
