Delhi High Court
Dhritiman Ray vs University Of Delhi & Ors. on 7 September, 2020
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
$~11 to 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 7th September, 2020
+ W.P.(C) 3945/2020 & CM APPL. 21339/2020
DHRITIMAN RAY ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
(M:7045654395)
Mr. Subham Jain, Applicant in
person.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Sachin Datta, Senior Advocate
with Mr. Mohinder J. S. Rupal and
Mr. Hardik Rupal, Advocates for DU.
(M:9811151216) with Professor D. S.
Rawat, Dean (Examinations), Dr.
Sanjeev Singh, Director, DUCC and
Mr. Onkar, AR (Examination Branch)
Mr. Ankur Chhibber and Mr.
Anshuman Mehrotra, Advocates for
R-2.
Mr. Apoorv Kurup and Ms. Nidhi
Mittal, Advocates for R-3/UGC.
Ms. Nidhi Raman, CGSC for UOI.
(M:9891088658)
Ms. Shefali Vohra, Advocate for R-4.
Ms. Sunieta Ojha, Advocate for
Digilocker.
Mr. Shlok Chandra, Ms. Mansie Jain
and Mr. Chandratanay Chaubey,
Advocates for R-5.
12 WITH
+ W.P.(C) 4444/2020 & CM APPL. 16012-14/2020
DR. AKSHITA KHOSLA ..... Petitioner
W.P.(C) 3945/2020, 4444/2020, 4571/2020 & 4754/2020 Page 1 of 8
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
Through: Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI AND ORS. ..... Respondents
Through: Mr. Sachin Datta, Senior Advocate
with Mr. Mohinder J. S. Rupal and
Mr. Hardik Rupal, Advocates of the
DU.
Mr. Apoorv Kurup and Ms. Nidhi
Mittal, Advocates for R-3/UGC.
Ms. Nidhi Raman, CGSC for UOI/R-
4.
Mr. Shlok Chandra, Ms. Mansie Jain
and Mr. Chandratanay Chaubey,
Advocates for R-5.
13 WITH
+ W.P.(C) 4571/2020 & CM APPL. 16511-13/2020
DR. NAMAN BARECHA & ORS. ..... Petitioners
Through: Mr. Sarthak Maggon, Advocate.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Sachin Datta, Senior Advocate
with Mr. Mohinder J. S. Rupal and
Mr. Hardik Rupal, Advocates of the
DU.
Mr. Apoorv Kurup and Ms. Nidhi
Mittal, Advocates for R-3/UGC.
Mr. Rajendra Sahu, Senior Panel
Counsel for UOI/R-4.
(M:9910008632)
14 AND
+ W.P.(C) 4754/2020 & CM APPL. 17158-59/2020
DR MILI ROHILLA & ORS. ..... Petitioners
Through: Mr. Yatharth Rohila, Mr. Vishesh
W.P.(C) 3945/2020, 4444/2020, 4571/2020 & 4754/2020 Page 2 of 8
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
Wadhwa and Ms. Swadha Gupta,
Advocates. (M:9999666038)
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Sachin Datta, Senior Advocate
with Mr. Mohinder J. S. Rupal and
Mr. Hardik Rupal, Advocates of the
DU.
Mr. Apoorv Kurup and Ms. Nidhi
Mittal, Advocates for R-3/UGC.
Ms. Sunieta Ojha, Advocate for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. Directions were passed with respect to the process of issuance of
online degree certificates by University of Delhi (hereinafter, 'DU') by this
Court vide order dated 7th August, 2020. On the said date, the Court was
informed by Professor Vinay Gupta, Dean (Examinations) and Dr. Sanjeev
Singh, Director, DUCC that all the data of students up till November, 2019
is available with the DU. The Court was also informed that an online portal
has already been set up for issuance of digital degree certificates being
www.digicerti.du.ac.in. In addition, data was to be transmitted to Digilocker.
Considering the various submissions that were made on that date, the Court
had directed 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
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
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."
3. In addition, DU was also to look into the question whether marksheets
and transcripts of the students can be issued digitally. It is submitted that the
ld. Division Bench has also directed the DU to consider issuance of
transcripts and marksheets digitally in W.P (C) 3199/2020 titled Prateek
Sharma & Anr. v. Union of India & Anr. vide order dated 1st September,
2020.
4. W.P.(C) 3945/2020 was then listed on 2nd September, 2020 on an
impleadment application filed by a student of DU, who graduated in 2017
from Shri Ram College of Commerce (SRCC). It was his case that he had
applied to obtain his digital degree certificate on 14th August, 2020 but was
not issued the same till date, even though as per the order dated 7th August
2020, the DU was to issue the certificates within 1 week from the receipt of
application. It was also submitted that, the DU sent a response to the request
with a disclaimer, that it wanted the students to file hard copies of the
documents submitted online, physically as well.
5. Further, Mr. Maggon, ld. counsel for Petitioners submits that he has
received a large number of calls from students, who need their degree
certificates on an urgent basis and have not been issued the same, despite
applications being filed on the online portal. This Court had taken note of
all the submissions and had directed affidavit to be filed by the DU vide
order dated 2nd September, 2020.
6. Today, the Court is being informed that Professor Vinay Gupta is
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
unwell and he has not been attending office for the last 2 weeks. Three
officials from the DU have joined the hearing today, namely Mr. Onkar,
Assistant Registrar (Examination Branch), Dr. Sanjeev Singh, Director,
DUCC and Professor D. S. Rawat, Dean (Examinations). After interacting
with them during the course of hearing, the following facts have emerged:
1) After order dated 7th August 2020, insofar as the online portal
of DU is concerned, more than 30,000 students have applied to obtain
digital degree certificates and none of them have been issued the
certificates.
2) The data of 28,000 students, which constitutes approximately
half of the students who have graduated in 2017, has been uploaded
on Digilocker. However, in order for the same to be accessed by
students, the date of birth of the students is to be added to the
Digilocker data.
3) The date of birth of all the students is to be obtained by the DU
from all its colleges and transferred to Digilocker.
4) Insofar as the students who graduated in 2018 and 2019 are
concerned, no data is available with the Examination Branch of the
DU. Professor Rawat states that the said data has now been requested
from the various colleges and faculties. He states that he has held a
meeting with all the college principals last evening and he would be
receiving the data of 2018 within a period of 4 days and for 2019
within 10 days. He also states that for 2019, the DU has decided to
affix passport size photographs on the degree certificates, hence the
longer time requirement.
5) Insofar as students who have an urgency issue either due to
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
foreign admissions or employment or any other urgent requirement is
concerned, Professor Rawat assures the Court that upon receiving an
email from students with any documents in support, such students
shall be issued their certificates within a period of 7 working days,
without asking any further questions from the students or prescribing
any further requirements.
7. It is further submitted on behalf of DU, that Professor Vinay Gupta,
Dean (Examination) is likely to join back in the next 2 days and the matter
may be taken after that.
8. Ms. Suneita Ojha, ld. counsel appearing for Digilocker submits that
insofar as data related to 27656 students, who have graduated in 2017 is
concerned, the said students can obtain their certificates from Digilocker
which can also be used for the purpose of the students' requirements. She
submits that as per Rule 9A of the IT (Preservation and Retention of
Information by Intermediaries providing Digital Locker Facilities) Rules
2016, the certificate generated from the Digilocker system is equivalent to
the original degree documents.
9. Heard. The submissions made today shows that after passing of order
dated 7th August 2020, no effective action is taken by the DU. In fact the
purpose of creating the set up for issuance of online degree certificates is
sought to be defeated by insisting on physical submission of documents. It is
accordingly directed that DU shall henceforth not insist on physical
submission of documents for the purpose of issuance of digital degree
certificates. The said requirement in the auto-generated email which is sent
to students who apply on the portal for the online degree certificates, shall
be deleted forthwith.
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
10. On 7th August 2020, this Court was categorically informed that the
data of all students who graduated till November 2019 is available for
issuance of the online degree certificates. However, today DU officials have
completely resiled from this position. The fact that more than 30,000
students have applied for obtaining online degree certificates and not even a
single certificate is issued, except for the Petitioners before this court,
establishes that the need of students is not being met.
11. Before proceeding further, it is deemed appropriate to direct filing of
an affidavit capturing the above facts. In the said affidavit, a proper timeline
shall be given as to by when the digital degree certificates shall be issued for
both urgent and non-urgent requests, separately. The affidavit shall also set
out the process for students to download documents from Digilocker, in
respect of those students whose data has been transmitted. Let the affidavit
be filed before the next date of hearing.
12. In the meantime, all the students who have an urgent requirement for
digital degree certificates shall again forward the request they have already
uploaded on the portal by marking the same under the subject header as
'Priority/Urgent' to the email address being [email protected] Along
with the said email, any document to establish the urgency may also be
attached, such as a letter from employer, letter from any Indian or foreign
University or any document showing a deadline. For such students, the
degree certificates shall be issued, within 7 working days.
13. In view of the fact that uploading on the portal and sending the email
would result in duplication of effort, Dr. Sanjeev Singh will consider
creating an 'urgency' tab on the portal itself, so that students, who have an
urgency, can submit such additional documents on the portal, rather than
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:07.09.2020 22:14:13
sending a separate email to establish urgency.
14. List on 11th September at 2:30 p.m. All the three officials who have
appeared today, shall join the hearing on the next date, along with Professor
Vinay Gupta.
15. Copy of this order or a circular be uploaded on the DU website with
the above information, in order to enable students to have access to the
same.
PRATHIBA M. SINGH
JUDGE
SEPTEMBER 7, 2020/dk/A
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:07.09.2020 21:43
