IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Dhritiman Ray & Ors. - Appellants
Versus
University Of Delhi & Ors. - Respondents
W.P.(C) 3945 of 2020 & CM Appls. 21339 of 2020, 24261 of 2020, W.P.(C) 4444 of 2020 & CM Appls. 16012-13 of 2020, W.P.(C) 4571 of 2020 and CM Appls. 16511-12 of 2020
Decided On : 04-03-2022
University of Delhi - Issuance of Digital Degree Certificates - [Various sections of the Delhi University Act, 1922 and the National Academic Depository (NAD)] - The court directed the University to create a mechanism for the issuance of digital degree certificates and other documents, including marksheets and transcripts along with digital signatures and security features. The court also directed the University to transmit all data relating to degrees to Digilocker in a time-bound manner. The University was further directed to strictly adhere to timelines for the issuance of transcripts, legitimate degrees, and printed degrees.
Fact of the Case:
Students filed writ petitions due to unreasonable delay in the issuance of original degree certificates and transcripts by the University of Delhi, causing harm to their career prospects. The University cited non-availability of proper quality paper and an expired contract with the printer as reasons for the delay.
Finding of the Court:
The Court found the University's steps insufficient and appointed a committee to finalize the process for issuance of digital degrees. The University was directed to not insist on physical submission of documents and to create an 'urgent' tab on the portal for expedited issuance of documents. The Court also directed the University to strictly adhere to timelines for various processes related to degree issuance.
Issues: Unreasonable delay in issuance of original degree certificates and transcripts, non-availability of proper quality paper, and expired contract with the printer.
Ratio Decidendi: The University was directed to create a mechanism for the issuance of digital degree certificates and to strictly adhere to timelines for the issuance of transcripts, legitimate degrees, and printed degrees.
Final Decision: The writ petitions were disposed of with no orders as to costs. The University officials were directed to ensure adherence to the timelines and issue necessary administrative directions for compliance of the court's directions.
ORDER
1. This hearing has been done through hybrid conferencing.
2. The present batch of writ petitions before the Court was filed by students of the University of Delhi (hereinafter "University") studying various courses who graduated in the year 2017, 2018, 2019 and 2020. The petitions were filed in 2020 during the Covid-19 pandemic. Their grievance was that they were unable to get original degree certificates and transcripts issued from the University. The Petitioners had approached the Court as there was unreasonable delay in the issuance of the transcripts and the degree certificates. The Petitioners had applied to various programs in foreign universities, however due to non-issuance of original documents by the University, they were unable to proceed with their further education thereby causing irreparable harm to their career prospects. On the first date of hearing, it was brought to the attention of the Court that non-issuance of the degree certificate was due to non-availability of proper quality paper and the fact that the University's contract with the printer had expired.
3. The Petitions were listed before the Court from time to time and various directions were passed. Owing to the deadlines within which the transcripts and certificates were needed, arrangements were directed to be made that in case of urgency, the same would be issued in the form of handwritten, digital degrees etc., wherever it was deemed necessary. The degrees and transcripts in respect of all the Petitioners and other similarly placed candidates who had sought intervention, were issued as noted in orders dated 7th September 2020 & 14 th December, 2020.
4. However, in order to ensure that students are able to obtain their degree certificates without having to approach the Court each time, this Court vide order dated 23rd July 2020 directed the University to come up with a protocol for the issuance of digital degree certificates. The relevant directions of the Court read as under-"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 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: 9650006
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