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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Akshita Khosla - Appellant
Versus
University of Delhi - Respondent
W.P.(C) 4444 of 2020 & CM Appls. 16012-14 of 2020 with W.P.(C) 4754 of 2020 & CM Appls. 17158-59 of 2020 with W.P.(C) 4571 of 2020 & CM Appls. 16511-13 of 2020
Decided On : 04-08-2020




A university's failure to timely issue degree certificates, especially during exigent circumstances, necessitates judicial intervention to ensure students' academic and professional progress is not hindered.

Headnote:(A) Writ of Certiorari - Jurisdiction of High Court - University Grants Commission (UGC) Regulations - Responsibility of Universities to issue degree certificates timely - Court observed that the University of Delhi exhibited callousness towards students' plight amid pandemic; degrees of medical graduates not issued despite completion of courses and impending deadlines - Court directed establishment of a Committee for drafting a simplified protocol for issuing digital degree certificates. (Paras 2, 6, 12)

(B) Administrative Responsibility - Universities must ensure timely delivery of educational documents; failure to do so affects students' future opportunities - Delay in procedural mechanisms, exacerbated by pandemic conditions, necessitates judicial intervention for expediting processes. (Paras 3, 11)

Facts of the case:
Petitioners are medical graduates from the University of Delhi, who, after completing their MBBS in 2018/2019, faced delays in receiving their degree certificates. Despite prior assurances from the University regarding expedited issuance, significant delays persisted ineffectively addressing urgent needs amidst the COVID-19 pandemic, particularly as the graduates required certificates for further medical licensing exams.

Findings of Court:
The Court identified a lack of adequate arrangements by the University and constituted a Committee to finalize a streamlined process for digital issuance of degree certificates, ensuring urgency for the petitioners.

Issues: The primary issues were the effectiveness of the University’s processes in adapting to digital requirements during the pandemic and the necessity of judicial oversight in expediting degree issuance.

Ratio Decidendi: The Court elucidated that universities have a duty to facilitate degree issuance promptly, particularly for graduates, and the inaction reflected a neglect of students' essential academic needs, warranting a simplified protocol for digital degrees.

Result: Court constituted a Committee to establish a clear process for digital certificate issuance, emphasizing urgency for the petitioners' needs.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been held through video-conferencing.

2. The present writ petitions reflect the sorry state of affairs at the University of Delhi (hereinafter, "DU"). The Petitioners are all doctors who have graduated their MBBS course in the year 2018 and 2019 from three medical colleges in Delhi i.e., Lady Hardinge Medical College, Maulana Azad Medical College and University College of Life Sciences. These doctors have been struggling to get their original degree certificates released and after all their attempts with DU failed, they have approached this Court through the present writ petitions.

3. The first writ petition, being W.P.(C) 4444/2020, was listed on 22nd July, 2020 on which date this Court had observed that DU ought to make alternative arrangements during the COVID-19 pandemic for issuance of digital certificates, digital mark-sheets and digital transcripts online, along with the digital signatures and security features. Towards this end, the Court had also noted that in an earlier writ petition being WP(C) 3945/2020 titled Dhritiman Ray v. University of Delhi, a graduate of DU in 2017 had sought his degree certificate. After the intervention of the Court, the handwritten degree certificate was issued. The reason cited by DU for delay in issuance of the degree certificate was non-availability of paper and the fact that DU's contract with the printer had expired. The said case was heard in the first week of July and on 7th July, 2020 this Court was informed that steps were being taken for printing the degree certificates in an expedited manner. Despite this being the position, the tender for printing degree certificates was not finalized and it was only yesterday i.e., 3rd August, 2020 that the tender was opened. So, in so far as issuance of printed degree certificates are concerned, this Court clearly was of the opinion that the same would not be ready quickly for issuance to students who have various deadlines.

4. Under these circumstances, the Dean of Examinations and the Joint Director, Delhi University Computer Centre (DUCC) were requested to join the video-conferencing hearing to enable this Court to lay down a scheme for issuance of digital degree certificates and other documents. On 23rd July, 2020, DU was directed to place on record the mechanism/protocol devised for issuance of digital degree certificates and other documents.

5. An affidavit has been filed today before this Court in which the system adopted by DU is sought to be explained. This Court is informed that a Committee has been formed for looking after the security of sensitive data of academic awards, manpower requirement, University revenue etc. At this stage, looking at the urgency of the Petitioners, DU's affidavit states as under:

"At this point of time looking at the urgency for the degree of the petitioners specially the medical doctors/professionals who have already completed their degree from University of Delhi and also other urgent specific cases, the University will initiate measures so that their degree can be delivered to them on priority basis and for that purpose the related data shall be given to the Digilocker to generate their digital degree. Further, the University will develop a system to address such type of cases in a time bound manner so that degree certificate can be provided digitally.

9. It is submitted that the tender for the printing of degree certificates of the University has been opened and the process to award the contract will be expedited positively."

6. Professor Vinay Gupta, Dean of Examinations and Dr. Sanjeev Singh, Joint Director, Delhi University Computer Centre (DUCC) have joined today's hearing. The Court has perused the protocol which has been placed on record. The same is reproduced below:

"Protocol for obtaining degree through online process

There will be an online portal to obtain the Degree/Certificate

Process:

Step 1

The candidate needs to registe

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