Delhi High Court
Dr. Akshita Khosla vs University Of Delhi And Ors on 11 September, 2020
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
$~10 to 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 11th 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. 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. Ankur Chhibber, Mr. Harsh
Dhankar, Ms. Nikunj Arora 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.
11 WITH
+ W.P.(C) 4444/2020 & CM APPL. 16012-14/2020
DR. AKSHITA KHOSLA ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
W.P.(C) 3945/2020, 4444/2020, 4571/2020 & 4754/2020 Page 1 of 9
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
versus
UNIVERSITY OF DELHI AND ORS. ..... Respondents
Through: 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.
12 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. Mohinder J. S. Rupal and Mr.
Hardik Rupal, Advocates for 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).
Mr. Shlok Chandra, Advocate with
Ms. Mansie Jain and Mr.
Chandratanay Chaubey, Advocate for
R-5.
13 AND
+ W.P.(C) 4754/2020 & CM APPL. 17158-59/2020
DR MILI ROHILLA & ORS. ..... Petitioners
Through: Mr. Yatharth Rohila, Mr. Vishesh
Wadhwa and Ms. Swadha Gupta,
W.P.(C) 3945/2020, 4444/2020, 4571/2020 & 4754/2020 Page 2 of 9
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
Advocates. (M:9999666038)
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Mohinder J. S. Rupal and Mr.
Hardik Rupal, Advocates for 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. The process of issuance of digital degree certificates for the students
who have graduated from the University of Delhi (hereinafter 'DU') has
rather been an uphill task. Initially, as recorded in order dated 7th August,
2020, a portal being www.digicerti.du.ac.in was set up for issuance of digital
degree certificates. The Court was informed by officials of DU that the data
of students till November, 2019 is available with the DU. A direction was
thus issued that once students have applied on the portal, the digital degree
certificates would be issued to them, within a period of one week from
registration.
3. More than 30,000 students applied on the online portal to obtain
digital degree certificates and DU could not issue the digital degree
certificates for various reasons, which are not being gone into presently.
One of the reasons for not issuing the same was that, contrary to what the
Court was informed on the previous occasion, the data of students was not
available with the Examinations branch. Thus, the ultimate result was that
the DU issued degree certificates only to the Petitioners and all the other
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
students who applied for the same did not receive it.
4. In addition, the DU had insisted on submission of hard copies of the
applications, which was clearly not in terms of the order dated 7th August,
2020, of this court. On 7th September, 2020, an affidavit was called for from
DU as to the current status in respect of the issue of digital degree
certificates. In addition, the Court also directed that physical submission of
documents shall not be insisted upon. A separate e-mail being
[email protected] was also directed to be created for those students
who require the digital degree certificates urgently, either for further
education in India or abroad, or for employment opportunities.
5. The DU has today filed, through its Registrar (Acting), an affidavit
stating as under:
"5. Efforts are being made to issue the digital
degree certificates to the applicants in adherence
to the timeline issued by the Hon'ble Court.
Approximately 6246 applicants have submitted
their priority option for digital degree certificate
till September 9, 2020 at 8.30 P.M. Out of these
applications received, 825 applicants have
exercised their priority option for submission of
degree certificate to foreign universities; 1598
applicants for submission to Indian Universities;
and 3196 applicants for Job Application. The
verification of the documents submitted by the
applicants which falls under the category of urgent
cases is under process and after the physical
verification of the data of each applicant, the
digital degrees will be issued.
6. It is respectfully submitted that the timeline for
issuing digital degree certificates will be ten
working days for those falling under the category
of urgent cases and within one month for those
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
falling under the category of non-urgent cases
respectively, subject to the verification of
supportive documents attached.
7. The process for students to download
documents from DigiLocker in respect of those
students whose data have been transmitted is
annexed hereto as ANNEXURE -RA.
8. The University is accepting the request of
online degree certificates from students on the
portal only and no physical submission of the
relevant document is required. The requirement of
autogenerated email has been disabled by the
University.
9. It is submitted that on the direction of the
Hon'ble High Court, necessary incorporation has
been done in the portal of digital degree
certificates."
6. A perusal of the above affidavit shows that after the last order dated
7th September, 2020, more than 6000 students have applied seeking digital
degree certificates. The break-up of the said students has been given. The
officials who have appeared before the Court today, i.e. Professor D.S.
Rawat, Dean (Examinations) (Acting) and Mr. Sanjeev Singh, Director,
DUCC, have confirmed that once the student applies for issuance of their
digital degree certificate on an urgent basis, and submits documents to
support the urgency, DU would only verify the urgency on the basis of the
documents submitted. Thereafter, the actual data relating to the said student
would be verified internally and the digital degree certificate shall be issued
through e-mail to the student, within 10 working days.
7. Insofar as non-urgent cases are concerned, the same procedure shall
be followed and the digital degree certificates shall be issued within one
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
month. On a specific query from the Court as to whether any further steps
are required to be taken in terms of allotment of more staff, for the purposes
of issuance of digital degree certificates, both the officials have confirmed to
the Court that they would take whatever steps are required to be taken, to
ensure that the above timelines are adhered to.
8. The Petitioner has also raised certain other issues through an
additional affidavit, which was filed on the last date i.e. 7th September, 2020.
Some of the issues that require consideration are dealt with below:
A) Online degree certificates for students who have graduated prior to
2017.
Orders dated 7th August, 2020 and 7th September, 2020 were passed
by this Court in relation to those students who have graduated from 2017
onwards. A submission is made on behalf of the ld. counsel for Petitioner
that there are several other students who seek impleadment in these petitions
and some of these students have graduated in 2012, 2015 and 2016 as well.
Insofar as such students are concerned, on being queried, the officials of the
DU have apprised the Court that since these students had passed out almost
four to five years ago, or even before, some time would be required for
verifying their data. Accordingly, the students who have graduated prior to
2017 shall also submit their applications for obtaining digital degree
certificates on the portal "www.digicerti.du.ac.in". After their application is
submitted, DU shall issue their digital degree certificates, within a period of
one month.
B) Provision of transcripts
Insofar as transcripts are concerned, currently the procedure that is
being followed by DU, as per Professor Rawat, is that a physical application
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
is made and the transcript is given physically to the students or by postal
service. Considering the lockdown, due to the COVID-19 pandemic,
applications for transcripts and issuance of transcripts being made physically
ought to be done away with. Transcripts and marksheets are as important for
students as degree certificates. Accordingly, a procedure should be created
by DU for issuance of marksheets/ transcripts through an online mechanism.
Let an affidavit be filed by DU within 10 days in respect of an online
mechanism/ procedure that can be created for issuance of
marksheets/transcripts.
C) Provision of paper degrees.
Insofar as the paper degrees are concerned, the issuance of online
digital degree certificates would enable students to take the required steps,
on an urgent basis, in respect of further education or employment. However,
paper degrees would still have to be provided by the DU. Prof. Rawat
submits that the printer has already been engaged, and as and when the data
is verified and digital degree certificates are issued, the said data shall
simultaneously be transmitted to the printer for printing of the paper
degrees. DU officials shall confirm with the printer as to what would be the
timeline, which would be required to print and supply the paper degrees to
DU after the receipt of the data. In the affidavit which is to be filed by DU, a
timeline should be mentioned for obtaining the printed certificates and
issuance of the same to students.
D) Inclusion of urgency tab on online application portal.
Insofar as those students who have urgency for receiving the degree
certificates, it is submitted that the portal has sufficient features to show the
urgency. The online portal has been demonstrated by Mr. Sanjeev Singh to
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
the Court today, through the share screen option on video conference
hearing. The same shows that there are four fields which are provided in the
online application form i.e. -
a) for the purposes of admission to foreign universities,
b) for the purposes of admission to Indian universities,
c) for the purposes of employment and
d) others.
He submits that insofar as the first three categories are concerned, for all
students who apply in these categories, their applications would be treated as
urgent and the remaining who apply in the 'others' category would be
treated as the non-urgent applications. The timelines would be accordingly
applied for issuance of the digital degree certificates to the students.
9. Insofar as Digilocker is concerned, Ms. Ojha, ld. counsel submits that
the data for 2017 has also not been completely transferred by DU. Since the
verification of the data is currently taking place, DU shall endeavour to
simultaneously transmit the verified data on a course-wise and year-wise
basis to Digilocker, so that the load on DU can be reduced to some extent,
and the students are able to obtain their documents from Digilocker directly.
For future academic years DU ought to be able to transmit the data to
Digilocker immediately after the declaration of results of the final year, so
that students do not have to wait for the issuance of digital degree
certificates. The affidavit to be filed by the DU shall also deal with this
aspect.
10. Mr. Sarthak Maggon, ld. counsel for the Petitioner, also submits that
he has received several requests from students for issuance of urgent
certificates. All such students may apply on the online portal of the DU for
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
Digitally Signed By:SINDHU
KRISHNAKUMAR
Signing Date:12.09.2020 09:40:50
issuance of the digital degree certificates. The digital degree certificates
shall be issued to the students within the timelines recorded above.
11. Mr. Sanjeev Singh submits that insofar as the 30,000 students who
have applied in the last one month or so for issuance of online digital degree
certificates are concerned, an e-mail has been sent to them to log in to the
portal once again, and express their urgency in either of the categories
mentioned. They are also required to upload the relevant documents. The
students may do the needful, upon which the DU shall process their
applications and issue online degree certificates within ten working days or
one month, depending on the category of urgent or non-urgent requests.
12. 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.
13. Let the affidavit by DU be filed within a period of 10 days.
14. List on 28th September, 2020
PRATHIBA M. SINGH
JUDGE
SEPTEMBER 11, 2020
MR/Ak
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:11.09.2020 20:36
