Delhi High Court
Dr. Akshita Khosla vs University Of Delhi And Ors on 23 July, 2020
SINDHU KRISHNAKUMAR
23.07.2020 21:02
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd July, 2020
+ W.P.(C) 4444/2020 and CM APPLs. 16012/2020, 16013/2020,
16014/2020
DR. AKSHITA KHOSLA ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI AND ORS ..... Respondents
Through: Ms. Nidhi Raman, CGSC for UOI,
R-4.
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. Nidhi
Mittal, Advocates for UGC.
Dr. Vinay Gupta, Dean
(Examination), DU with Dr. Sanjeev
Singh, Joint Director, DU Computer
Centre.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video conferencing.
2. Prof. Vinay Gupta, the Dean (Examinations) of the University of
Delhi (hereinafter, 'DU') along with Mr. Sanjeev Singh, Joint Director of
DU Computer Centre have appeared in the proceedings today, through video
conferencing. They submit that while steps for printing of degree certificates
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are being taken on expedited basis, since there are procedures to be
followed, it is taking time. The tender has already been issued. The bid
would be open on 3rd August, 2020 and thereafter, further steps would be
taken.
3. In the present writ petition, five doctors who graduated from the Lady
Hardinge Medical College, Delhi in 2018 seek issuance of their degree
certificates. It is their case that despite repeated emails, no date has been
given for issuing the same. A similar case had come up before this Court
being W.P.(C) 3945/2020 titled Dhritiman Ray v University of Delhi &
Ors. wherein a student who graduated in 2017 was seeking his degree
certificate. The stand of DU was that there was no paper and the tender for
printing had also lapsed, due to which there is a delay.
4. The present writ petition was listed yesterday i.e., 22nd July 2020, on
which date after considering the rival submissions, the following order was
passed:
"8. Students, especially doctors providing their
services during the COVID-19 pandemic, ought
not to have been forced to approach this Court for
seeking their degree-certificates, especially when
they graduated two years ago. Representation is
stated to have been made by 25 students to the
Dean of Examinations of DU but there has been no
response.
9. Most institutions have made alternative
arrangements during the lockdown period for
issuance of digital certificates, digital mark-sheets
and digital transcripts online, along with the
digital signatures and security features. Most of
DU is under lockdown and there is very minimal
physical interface between students and the
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administration. There is no reason as to why DU
should not be adopting technically advanced
methods to ensure that the students are not
inconvenienced. DU ought to take a pragmatic
approach in this matter and seriously consider the
option of setting up a special cell, which would
entertain requests of students on email, for digital-
certificates, mark-sheets, transcripts etc. and
installing the software necessary for issuance of
degree-certificates with security features, to be
sent online through email in a timely manner.
10. Students ought not to be forced to approach
Courts for issuance of their mark-sheets,
transcripts, degree- certificates etc., which ought
to be issued in the natural course within a
reasonable time. Accordingly, Dr. Sanjeev Singh,
Joint Director, DU Computer Centre and Dr.
Vinay Gupta, Dean (Examination), DU to join the
proceedings before this Court tomorrow i.e. 23rd
July, 2020, in order to examine the feasibility of
setting up a special cell to issue marksheets,
transcripts, degree-certificates and other relevant
documents online and also in order to enable
students to have a proper interface with DU."
This Court had thus observed that alternative arrangements in place of
physical/paper degree certificates ought to be explored. Digital marksheets
and degree certificates ought to be issued by the DU, as it has been done by
various other universities.
5. Today both the officials of DU submit that while they have no
objection to consider issuing digital degree certificates the same will take
time as it involves approval of budgets, technical compliance etc. Mr. Rupal,
ld. counsel for DU also submits that DU is not averse to the idea of issuing
digital documents but the same would need some time.
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6. Ideally, this Court is of the opinion that DU ought to have made
alternate arrangements for issuance of its documents especially owing to the
lockdown, during which period access to the University is not easy.
However, no such arrangements have been made. Despite the orders passed
in Dhritiman Ray (supra), the preparation and issuance of printed degree
certificates with security features is likely to get further delayed.
7. It is also clear from the facts in Dhritiman Ray (supra) and the
present case that degree certificates are taking time to be issued, due to delay
in convocation and delay in sending of data. Degree certificates for several
years have admittedly not been given by DU to its students. Writ petitions
have been filed before this Court by students who graduated in 2017 and
2018, seeking degree certificates owing to various admissions to post
graduate courses, which they have to pursue. Issuance of digital certificates
appears to be the most feasible option.
8. Ld. counsel for the Petitioner has brought to the notice of this Court
the services being offered by the National Academic Depositary
(hereinafter, 'NAD') which has been set up under the aegis of the UGC. The
NAD has been conceived as an online storehouse of all academic awards, to
benefit educational institutions, employers, students etc., to access records.
Documents downloaded from the Digilocker of the NAD are deemed to be
on par with original physical documents. The facilities of NAD are available
to all Central Universities, Private universities, CBSE and other State
Boards etc., NAD performs the following services :-
• Registration of Academic Institutions/Boards/Eligibility
Assessment bodies;
• Registration of students based on Aadhaar / Unique NAD ID;
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• Registration of verification users;
• Allows Academic Institutions/Boards/Eligibility Assessment
bodies to upload the academic awards issued by them.
• Allows Academic Institutions/Boards/Eligibility Assessment
bodies to map/link the academic award to the NAD Accounts of
Students concerned.
• Allows students to view the academic awards linked to their
respective account.
• Allows students to download/print an authenticated copy of the
academic award.
• Allows verifying entities to verify the authenticity of the
academic award (subject to prior student consent)
9. Prof. Gupta submits that DU has already entered into an agreement
with NAD and marksheets of Delhi University are available with NAD. He
also submits that some data has already been transferred to the NAD.
10. A perusal of the above shows that the creation of NAD was with a
view to provide Digilockers to students and academic institutions for storing
all data relating to their educational qualifications, awards etc., However, the
same is obviously not being fully utilised by the DU.
11. Any delay in issuance of degree certificates would prejudice the
Petitioners who intend to undertake higher studies. The submission of DU
that the Petitioners would be given hand-filled degree certificates as in
Dhritiman Ray (supra) also does not impress this Court as, to accept this
would mean that those students who wish to obtain their degree certificates
would have to file writ petitions.
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12. A mechanism needs to be urgently created to ensure that all students
are able to obtain their degree certificates and other documents without the
need to approach the Court, by simply writing an email to the DU
authorities. The University should then issue the certificates and documents
online with digital signatures. It is accordingly directed as under:-
(i) The DU shall immediately take steps to draw up the
mechanism/protocol for issuance of digital degree certificates and other
documents, including marksheets and transcripts along with digital
signatures and security features. Mr. Sanjeev Singh, submits that he
would be able to place the mechanism/protocol on record within five
days;
(ii) DU shall also identify the officers who would be in-charge of
such a digital facility within the DU to whom students can write emails
and obtain the documents within a specified timeline;
(iii) DU to place on record its agreement with the NAD along with
the details of the data which has been transmitted to NAD;
(iv) Issue notice to the National Academic Depository (NAD). Mr.
Apoorv Kurup and Ms. Nidhi Mittal accept notice. A senior official of
the NAD shall update this Court by way of an affidavit, as to the details
of the agreement entered into between the DU and the NAD and the
status of the data, already received and to be received from the DU.
(v) Since the NAD is a unique facility which is meant to be a
national depository for academic records, to make the same easily
accessible to students, it should be utilized effectively by the DU and
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immediate steps should be taken by the DU for transfer of all the
existing data relating to students, to the NAD.
(vi) In the process of preparing a protocol/mechanism for issuance
of digital degree certificates, marksheets and transcripts, or for
obtaining digital signatures, if the DU requires any assistance, they are
permitted to contact Mr. Sarsij Kumar, Joint Director (M: 9650006723)
and Mr. Zameem Ahmad Khan, Senior System Analyst (M:
9650006732) of the Delhi High Court for any technical assistance.
(vii) Mr. Sanjeev Singh, Joint Director, DU Computer Centre shall
in any event obtain a digital signature for himself before the next date,
while the implementation of the protocol is being finalised and worked
out, in order to ensure that those students who require their degree
certificates on an urgent basis can be e-mailed the digital certificates
with his digital signature.
13. DU and NAD to file their affidavits in compliance with the present
order through email to the DHC Registry and Court Master by 3rd August
2020. Advance copy be served upon ld. Counsel for the Petitioners. List on
4th August, 2020 at the end of board.
PRATHIBA M. SINGH
JUDGE
JULY 23, 2020
MR/A
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