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2025 Supreme(Raj) 1351
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Dr. Gurdeep Singh, S/o Shri Gyan Singh - Petitioner
Versus
The University Of Rajasthan, Through Its Registrar and Anr. – Respondents
S.B. Civil Writ Petition No. 14362 Of 2024
Decided On : 29-04-2025
For the Petitioner: Mr. Girraj Prasad Gadhwal
For the Respondents: Mr. Ashish Sharma, Mr. Ram Singh Bhati
The court ruled that unnecessary annotations on academic degrees and certificates can hinder professional opportunities and should be removed.
Headnote:
(A) Writ Jurisdiction - Directions for issuance of degree and registration certificate - The petitioner sought removal of a note on his MBBS degree and registration certificate, which was issued in compliance with a court order. The court found the note unnecessary and derogatory, causing professional hindrance. (Paras 1-13)
(B) Judicial Review - The court emphasized that the issuance of degrees should not be hindered by unnecessary annotations that affect employment opportunities. (Paras 11-12)
Facts of the case:
The petitioner completed his MBBS in 1991 but faced delays in receiving his degree and mark-sheet, leading to a previous court order for issuance. The note on the degree and registration certificate was deemed unwarranted.
Findings of Court:
The court ordered the respondents to issue a fresh MBBS degree and registration certificate without any annotations within one month.
Issues: The main issue was whether the note on the degree and registration certificate was necessary and justified.
Ratio Decidendi: The court ruled that the note was unnecessary and derogatory, emphasizing that such annotations should not impede the petitioner’s professional career.
Result: Writ petition allowed.
Order :
(ANOOP KUMAR DHAND, J.)
1. The instant writ petition has been filed with the following prayer:
“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this writ petition and further pleased to direct the respondents to Remove the note which put on the degree of M.B.B.S issuing date 10.01.2020 and certificate of Registration dated 03.02.2020 of the petitioner.
Issue any other writ order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner.”
2. By way of filing this writ petition, a prayer has been made for issuing directions to the respondents to remove the note put in MBBS Degree dated 10.01.2020 and the certificate dated 03.02.2020 issued by the Rajasthan Medical Council.
3. Learned counsel for the petitioner submits that the petitioner appeared in the MBBS final year examination in 1991, but the mark-sheet and the Degree of MBBS were not issued to him, hence, under these circumstances, he approached this Court by way of filing S.B. Civil Writ Petition No.7585/2008 and the same was allowed by this Court vide order dated 16.02.2017 whereby the respondents were directed to issue the mark-sheet as well as the Degree to the petitioner promptly within seven days. Counsel submits that when the aforesaid order was not complied, a contempt petition was filed and finally mark-sheet as well as Degree of MBBS has been issued to the petitioner on 10.01.2020, but a note has been endorsed at the bottom of the degree indicating that the Degree has been issued in compliance of the order dated 16.02.2017 passed by this Court in S.B. Civil Writ Petition No.7585/2008. Counsel submits that on the basis of the aforesaid degree, when the petitioner applied for registration before the Rajasthan Medical Council, the Medical Council also put similar note at the bottom of the registration certificate. Counsel submits that the aforesaid endorsement in the degree of MBBS and certificate of Medical Council is creating hurdle in the professional career of the petitioner and due to which he is not in position to get job or appear in any recruitment. Counsel submits that there was no need to put such endorsement in the degree and certificate, hence, appropriate direction be issued to the respondents to remove the same and issue fresh degree as well as fresh certificate to the petitioner.
4. Per contra, learned counsel for the respondents opposed the arguments raised by the counsel for the petitioner and submitted that the degree has been issued to the petitioner in compliance of the order dated 16.02.2017 passed by this Court in S.B. Civil Writ Petition No.7585/2008 submitted by the petitioner. Counsel submits that under these circumstances, interference of this Court is not warranted.
5. Counsel submits that the petitioner completed his MBBS in the year 1991 and after formation of Rajasthan University of Health and Sciences in the year 2005, the degree could not have been issued by the University of Rajasthan, that is why, this note has been appended at the bottom of the degree to show that the degree is issued by the University of Rajasthan in compliance of the order dated 16.02.2017.
6. Heard and considered the submissions made at Bar and perused the material available on the record.
7. Perusal of the record indicates that the MBBS course of the petitioner pertains to year 1991 and when mark-sheet and degree were not issued to the petitioner, he approached this Court by way of filing S.B. Civil Writ Petition No.7585/2008 and the same was allowed by this Court on 16.02.2017 with the following observations and order:
“The case of the petitioner is that he was a student of S.P. Medical College, Bikaner and appeared in the final M.B.B.S. Examination in January, 1991. He asserts that he had appeared in all papers including practical/oral examination for subject Medicine and Surgery.
According to the case pleaded by the petitioner, though the petitioner ha
