Delhi High Court
Dhritiman Ray vs University Of Delhi & Ors. on 2 September, 2020
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:02.09.2020 20:42:52
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 2nd September, 2020
+ W.P.(C) 3945/2020
DHRITIMAN RAY ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
(M:7045654395)
Mr. Subham Kumar Jain, Applicant in
person.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondent
Through: Mr. Mohinder J. S. Rupal and Mr.
Hardik Rupal, Advocates for DU.
Ms. Nidhi Raman, CGSC for R-
3/UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
CM APPL. 21339/2020 (for impleadment)
2. This is an application filed by Mr. Subham Kumar Jain, the Applicant
in person. As per his application, he is a final year law student and a
graduate of Shri Ram College of Commerce, University of Delhi of Batch
2017. He is seeking his digital degree certificate for the Bachelors course,
which has still not been issued. It is submitted that despite the online
submission of the application for issuance of digital degree certificate and
completion of all formalities, University of Delhi (hereinafter 'DU') is
insisting on physical submission of a hard copy of the application. Hence the
present application.
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:02.09.2020 20:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:02.09.2020 20:42:52
3. Mr. Rupal, ld. counsel for DU submits that he received a copy of the
impleadment application this morning itself. Ld. counsel may seek
instructions.
4. In a bunch of writ petitions listed on 7th August 2020, a detailed order
was passed, putting in place a proper procedure for issuance of degree
certificates through an online mechanism, so as to ensure that the delays in
printing of degree certificates does not become an impediment to students
who need the same. The court had recorded satisfaction in respect of the
digital certificate that was filed by DU. An online platform
www.digicerti.du.ac.in was also created for enabling students to apply for
issuance of such certificates. Operative portion of the order reads as under:
"12. In the meantime, all such students who
require their digital degree certificates due to any
urgent deadlines etc., are free to register on the
portal and the officials at DU shall ensure that
their digital degree certificates are issued within a
period of one week from registration. In case the
portal is not working for any reasons, the details
may be submitted on the e-mail addresses of Dr.
Sanjeev Singh and Prof. Vinay Gupta, as
mentioned below, and steps shall then be taken
within the time prescribed.
13. The Petitioners are free to use the digital
degree certificates for the purpose of their
ECFMG applications. If the ECFMG authorities
need any clarification, the same may be addressed
to Dr. Sanjeev Singh (e-mail:
[email protected]) or Prof. Vinay Gupta
(email: [email protected]).
14. The DU authorities shall also look into the
question as to whether marksheets and transcripts
of students can also be issued digitally. The said
aspect shall also be dealt with in the affidavit to be
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:02.09.2020 20:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:02.09.2020 20:42:52
filed by DU."
5. The purpose of directing issuance of the certificates digitally and
through an online mechanism was to dispense with the need for physical
presence of students at the University during the COVID-19 pandemic as
also to streamline the process for students who are not in Delhi and who
needed the same either for employment or for further educational purposes.
The contents of the application show that though the Applicant has
completed the formalities online, DU is insisting on the documents being
submitted physically. The Applicant appears in person and confirms that
despite applying on 14th August 2020, the certificate has not yet been issued.
Mr. Maggon, ld. Counsel also submits that he has received more than 30
calls from students who are similarly situated.
6. A perusal of Annexure A-2 to the application shows that DU's email
in response to the online application of the Applicant is that it has
`provisionally accepted' the application `subject to the submission of hard
copy of online application'. As per the order dated 7th August 2020, it is
clear that upon the students registering on the portal, the digital degree
certificates have to be issued within one week. The insistence on physical
filing of the very same documents which are submitted online, defeats the
entire purpose of the order passed by this Court on 7th August, 2020.
7. It is made clear that DU shall not insist on submission of hard copies
of the application or other related documents, for the purpose of issuing
digital degree certificates. Insisting on the submission of a hard copy would
again set the whole process at naught and create further inefficiencies. It
would also force students to visit the University, which ought to be
completely avoided. Both the senior officials of the DU, who had appeared
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:02.09.2020 20:27
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:02.09.2020 20:42:52
on the last date, had informed the Court that the data of all students who
have graduated up till November 2019 is available with the DU and had
assured the Court that online filing would be sufficient. There is no
permissibility for DU to insist on physical filing of documents. Accordingly,
the verification of the applications, which have been filed online for digital
degree certificates, shall be done on the basis of online filing. Insistence on
physical presence of the students or the submission of hard copies would be
contrary to the order dated 7th August 2020. Let a reply to this application
be filed before the next date.
W.P.(C) 3945/2020
8. Ld. Counsel for the Petitioner submits that the digital degree
certificate of the Petitioner is also not yet issued. This is completely
violative of the order of this Court. The timelines as set out in the order
dated 7th August, 2020 shall be adhered to strictly by DU. The digital degree
certificates of the Petitioner and the Applicant, who has been impleaded,
shall be issued before the next date of hearing. In the affidavit to be filed by
the DU, the data relating to number of students who have applied online for
seeking digital degree certificates and the number of digital degree
certificates issued online shall be clearly mentioned.
9. Dr. Sanjeev Singh, Joint Director, Delhi University Computer Centre
(DUCC), shall join the proceedings by video conferencing, on the next date.
10. List on 7th September, 2020.
PRATHIBA M. SINGH
JUDGE
SEPTEMBER 2, 2020/dk/Ak/A
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:02.09.2020 20:27
