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Dhritiman Ray vs University Of Delhi & Ors.
2020 Latest Caselaw 2746 Del

Citation : 2020 Latest Caselaw 2746 Del
Judgement Date : 28 September, 2020

Delhi High Court
Dhritiman Ray vs University Of Delhi & Ors. on 28 September, 2020
                                                                                      Digitally Signed By:SINDHU
                                                                                      KRISHNAKUMAR
                                                                                      Signing Date:28.09.2020 19:27:02


                                $~10 to 13
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                               Date of Decision: 28th 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. Shlok Chandra, Advocate with
                                                                Mr. Chandratanay Chaube and Ms.
                                                                Mansie Jain, Advocates.
                                                                Mr. Sachin Datta, Sr. Advocate with
                                                                Mr. Mohinder J. S. Rupal, Mr. Hardik
                                                                Rupal, Advocates with Professor D.
                                                                S. Rawat, Dean (Examinations), Dr.
                                                                Sanjeev Singh, Director, DUCC for
                                                                University of Delhi.
                                                                Ms. Nidhi Raman, CGSC for UOI.
                                                                (M:9891088658)
                                                                Mr. Apoorv Kurup and Ms. Nidhi
                                                                Mittal, Advocates for R-3/UGC.
                                                                Ms. Sunieta Ojha, Advocate for
                                                                Digilocker.
                                                                Ms. Shefali Vohra, Advocate for R-4
                                                                GNCTD (M: 9313181836).
                                11                    WITH
                                +          W.P.(C) 4444/2020 & CM APPL. 16012-14/2020
                                        DR. AKSHITA KHOSLA                      ..... Petitioner
                                                      Through: Mr. Sarthak Maggon, Advocate.
                                                      versus
                                        UNIVERSITY OF DELHI AND ORS.            ..... Respondents
                                                      Through: Mr. Shlok Chandra, Advocate with
                                                               Mr. Chandratanay Chaube and Ms.
                                                               Mansie Jain, Advocates.
                                                               Mr. Apoorv Kurup and Ms. Nidhi

                                W.P.(C) 3945/2020, 4444/2020, 4571/2020 & 4754/2020                        Page 1 of 7
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:28.09.2020 18:10
                                                                                                  Digitally Signed By:SINDHU
                                                                                                 KRISHNAKUMAR
                                                                                                 Signing Date:28.09.2020 19:27:02


                                                                                Mittal, Advocates for R-3/UGC.
                                                                                Mr. Sachin Datta, Sr. Advocate with
                                                                                Mr. Mohinder JS Rupal, Mr. Hardik
                                                                                Rupal, Advocates with Professor D.
                                                                                S. Rawat, Dean (Examinations), Dr.
                                                                                Sanjeev Singh, Director, DUCC for
                                                                                University of Delhi.
                                                                                Ms. Nidhi Raman, CGSC for R-4.
                                                                                (M:9891088658).
                                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. Shlok Chandra, Advocate with
                                                                  Mr. Chandratanay Chaube and Ms.
                                                                  Mansie Jain, Advocates.
                                                                  Mr. Apoorv Kurup and Ms. Nidhi
                                                                  Mittal, Advocates for R-3/UGC.
                                                                  Mr. Sachin Datta, Sr. Advocate with
                                                                  Mr. Mohinder JS Rupal, Mr. Hardik
                                                                  Rupal, Advocates with Professor D.
                                                                  S. Rawat, Dean (Examinations), Dr.
                                                                  Sanjeev Singh, Director, DUCC for
                                                                  University of Delhi.
                                                                  Mr. Rajendra Sahu, Sr. Panel Counsel
                                                                  for R-4 UOI (M: 9910008632).
                                13                      AND
                                +            W.P.(C) 4754/2020 & CM APPL. 17158-59/2020
                                        DR MILI ROHILLA & ORS.                 ..... Petitioners
                                                      Through: Mr. Yatharth Rohila, Advocate.
                                                               (M:9999666038)
                                                      versus
                                        UNIVERSITY OF DELHI & ORS.             ..... Respondents
                                                      Through: Mr. Shlok Chandra, Advocate with
                                                               Mr. Chandratanay Chaube and Ms.


                                W.P.(C) 3945/2020, 4444/2020, 4571/2020 & 4754/2020                                   Page 2 of 7
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:28.09.2020 18:10
                                                                                                  Digitally Signed By:SINDHU
                                                                                                 KRISHNAKUMAR
                                                                                                 Signing Date:28.09.2020 19:27:02


                                                                                Mansie Jain, Advocates.
                                                                                Mr. Sachin Datta, Sr. Advocate with
                                                                                Mr. Mohinder JS Rupal, Mr. Hardik
                                                                                Rupal, Advocates with Professor D.
                                                                                S. Rawat, Dean (Examinations), Dr.
                                                                                Sanjeev Singh, Director, DUCC for
                                                                                University of Delhi.
                                                                                Ms. Sunieta Ojha, Advocate for R-5.
                                        CORAM:
                                        JUSTICE PRATHIBA M. SINGH
                                Prathiba M. Singh, J. (Oral)

1. This hearing has been held through video conferencing. C.M......./2020 and CM......../2020 (for impleadment)

2. Two impleadment applications have been filed by Dr. Ankur Yadav and Ms. Ramita Iyer. Let the fresh CM APPLs. be numbered.

3. Insofar as Dr. Ankur Yadav is concerned, the grievance of the Applicant is that the digital degree certificates which have been issued to him have various errors. Let the candidate send an email to Dr. Sanjeev Singh (e-mail: [email protected]), explaining the said errors. Dr. Singh assures the Court that the same would be corrected, within a period of two days and the rectified degree would be issued online.

4. Insofar as Ms. Ramita Iyer is concerned, it is submitted that the said candidate requires the online digital degree certificate for employment in Singapore. She has already applied for issuance of the online degree on DU's portal on 10th August, 2020, in the urgency tab and submitted all her documents. Accordingly, DU shall issue her online digital degree certificates, on or before 5th October, 2020, subject to all the conditions being fulfilled and after undertaking verification.

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.09.2020 18:10 Digitally Signed By:SINDHU KRISHNAKUMAR Signing Date:28.09.2020 19:27:02

W.P.(C) 3945/2020 & CM APPL. 21339/2020 W.P.(C) 4444/2020 & CM APPL. 16012-14/2020 W.P.(C) 4571/2020 & CM APPL. 16511-13/2020 W.P.(C) 4754/2020 & CM APPL. 17158-59/2020

5. An affidavit has been emailed by the ld. counsel for the University of Delhi (hereinafter, 'DU') to the Court Master, giving further details as to the provision of transcripts and online degree certificates as also printing of paper degree certificates. The affidavit is stated to have been filed, however returned under objections. Let the objections be removed from the affidavit and it be brought on record.

6. In the said affidavit, DU has given its stand on the various aspects as set out in the last order:

(A) Insofar as online degree certificates for students who graduated prior to 2017 are concerned, DU expresses difficulty in creating an online mechanism. According to Prof. D.S. Rawat, Dean (Examinations), printing of degrees has already been undertaken for students who graduated prior to 2017 and paper degrees have been sent to the respective Colleges. However, he wishes to verify the same and place the actual position on record. Let an affidavit, confirming as to whether in respect of all students who graduated prior to 2017, paper degrees have been transmitted to the respective colleges or the students or not, be filed. Upon receiving confirmation of this fact, the Court would pass further directions in this regard.

(B) Insofar as issuance of online transcripts and marksheets is concerned, DU expresses inability to provide a mechanism for regular students. However, in cases where there is an urgency for example, for admission to foreign universities or for purposes of employment, it

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.09.2020 18:10 Digitally Signed By:SINDHU KRISHNAKUMAR Signing Date:28.09.2020 19:27:02

is submitted that if such requests are received, DU is willing to devise a mechanism to address the urgent requests. Let the mechanism devised for issuance of urgent transcripts and the details thereof be placed on record, before the next date of hearing. Insofar as marksheets are concerned, Prof. Rawat submits that all the marksheets are being made available online to the students and they can be downloaded.

(C) Insofar as paper printed degrees are concerned, it is stated in the affidavit that an order for 14,000 degrees has been placed for the students who graduated in 2017. Accordingly, the following timeline has been placed on record:

"The tentative timeline, for printing of degrees after completion of the due process shall be as follows:

i)Students passed in 2017 and awarded degree in the Convocation held in 2018 shall be issued paper degrees in 3 months through their respective Colleges from where they have passed.

ii) Students passed in 2018 and awarded degree in the Convocation held in 2019 shall be issued paper degrees in the next 3 months (after the issue of degree of 2017) through their respective Colleges from where they have passed.

iii) Students passed in 2019 and awarded degree in the Convocation held in 2019 shall be issued paper degrees in the next 3 months (after the issue of degree of 2018) through their respective Colleges from where they have passed."

(D) Insofar as the urgency tab for online degrees is concerned, it is submitted by Mr. Sanjeev Singh, Joint Director, DUCC that under the

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.09.2020 18:10 Digitally Signed By:SINDHU KRISHNAKUMAR Signing Date:28.09.2020 19:27:02

four categories on the portal - i.e. for the purposes of admission to foreign universities, admission to Indian universities, for the purpose of employment and others, there were a total of 1788 applications that were received with an urgency request and 1728 degree certificates have already been issued. He submits that DU is attempting to issue the remaining digital degree certificates within the next 30 days. It is further submitted that on an average about 12 persons have been engaged for the issuance of online degree certificates and 450 online degree certificates are being generated on a daily basis.

(E). Insofar as transmission of data to Digilocker is concerned, Prof. Rawat submits, that he will assess the situation and at least start transmitting the marksheets and degrees which have been recently issued to Digilocker, so that the burden on DU can be eased. Let some tentative timeline for transmission of the data to Digilocker, be placed on record before the next date of hearing. (F). The affidavit filed by DU also states that DU is proposing to levy some charges for issuance of digital degree certificates. However, after some discussion, DU wishes to reconsider the said decision and place the same in the subsequent affidavit.

7. In view of the above, let an affidavit be filed by DU in respect of the following:

a. specific deadlines/dates be given for issuance of paper degrees for the following categories of students -

                                                 •      those who graduated prior to 2017
                                                 •      students who graduated in 2017
                                                 •      students who graduated in 2018
                                                 •      students who graduated in 2019


Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:28.09.2020 18:10
                                                                                            Digitally Signed By:SINDHU
                                                                                           KRISHNAKUMAR
                                                                                           Signing Date:28.09.2020 19:27:02


                                                 •      students who would be graduating in 2020
                                      b.        The mechanism be devised for issuance of online transcripts in

respect of those students who need the same urgently and the same be set out in the affidavit;

c. Further data relating to the issuance of online degree certificates be also set out;

d. Timelines be specified for transmission of mark sheets and degree certificates to Digilocker in a phased manner.

The affidavit of DU in compliance of the above order, be filed atleast 3 days before the next date of hearing.

8. The online digital degree certificates, which are now been issued are monolingual i.e., only in English, unlike the previous degree certificates which were bilingual i.e., both in English and Hindi. It is ordered that both formats of the online degree certificates whether in monolingual format or bilingual format would be valid for the candidates to submit to their respective universities/authorities in foreign countries and the present order may be used for the said purpose.

9. List on 20th October, 2020 for further hearing.

PRATHIBA M. SINGH JUDGE SEPTEMBER 28, 2020 MR/A

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:28.09.2020 18:10

 
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