Full Text
HIGH COURT OF DELHI
Date of Decision: 23rd July, 2020
DR. AKSHITA KHOSLA ..... Petitioner
Through: Mr. Sarthak Maggon, Advocate.
Through: Ms. Nidhi Raman, CGSC for UOI, R-4.
Mr. Mohinder Rupal and Mr. Hardik Rupal, Advocates for DU.
Mr. Shlok Chandra, Advocate with Ms. Mansie Jain and Mr. Chandratanay Chaubey, Advocates for R-5.
Mr. Apoorv Kurup & Ms. Nidhi Mittal, Advocates for UGC.
Dr. Vinay Gupta, Dean (Examination), DU with Dr. Sanjeev Singh, Joint Director, DU Computer
Centre.
JUDGMENT
1. This hearing has been held through video conferencing.
2. Prof. Vinay Gupta, the Dean (Examinations) of the University of Delhi (hereinafter, ‘DU’) along with Mr. Sanjeev Singh, Joint Director of DU Computer Centre have appeared in the proceedings today, through video conferencing. They submit that while steps for printing of degree certificates 2020:DHC:2351 are being taken on expedited basis, since there are procedures to be followed, it is taking time. The tender has already been issued. The bid would be open on 3rd August, 2020 and thereafter, further steps would be taken.
3. In the present writ petition, five doctors who graduated from the Lady Hardinge Medical College, Delhi in 2018 seek issuance of their degree certificates. It is their case that despite repeated emails, no date has been given for issuing the same. A similar case had come up before this Court being W.P.(C) 3945/2020 titled Dhritiman Ray v University of Delhi & Ors. wherein a student who graduated in 2017 was seeking his degree certificate. The stand of DU was that there was no paper and the tender for printing had also lapsed, due to which there is a delay.
4. The present writ petition was listed yesterday i.e., 22nd July 2020, on which date after considering the rival submissions, the following order was passed:
5. Today both the officials of DU submit that while they have no objection to consider issuing digital degree certificates the same will take time as it involves approval of budgets, technical compliance etc. Mr. Rupal, ld. counsel for DU also submits that DU is not averse to the idea of issuing digital documents but the same would need some time.
6. Ideally, this Court is of the opinion that DU ought to have made alternate arrangements for issuance of its documents especially owing to the lockdown, during which period access to the University is not easy. However, no such arrangements have been made. Despite the orders passed in Dhritiman Ray (supra), the preparation and issuance of printed degree certificates with security features is likely to get further delayed.
7. It is also clear from the facts in Dhritiman Ray (supra) and the present case that degree certificates are taking time to be issued, due to delay in convocation and delay in sending of data. Degree certificates for several years have admittedly not been given by DU to its students. Writ petitions have been filed before this Court by students who graduated in 2017 and 2018, seeking degree certificates owing to various admissions to post graduate courses, which they have to pursue. Issuance of digital certificates appears to be the most feasible option.
8. Ld. counsel for the Petitioner has brought to the notice of this Court the services being offered by the National Academic Depositary (hereinafter, ‘NAD’) which has been set up under the aegis of the UGC. The NAD has been conceived as an online storehouse of all academic awards, to benefit educational institutions, employers, students etc., to access records. Documents downloaded from the Digilocker of the NAD are deemed to be on par with original physical documents. The facilities of NAD are available to all Central Universities, Private universities, CBSE and other State Boards etc., NAD performs the following services:- • Registration of Academic Institutions/Boards/Eligibility Assessment bodies; • Registration of students based on Aadhaar / Unique NAD ID; • Registration of verification users; • Allows Academic Institutions/Boards/Eligibility Assessment bodies to upload the academic awards issued by them. • Allows Academic Institutions/Boards/Eligibility Assessment bodies to map/link the academic award to the NAD Accounts of Students concerned. • Allows students to view the academic awards linked to their respective account. • Allows students to download/print an authenticated copy of the academic award. • Allows verifying entities to verify the authenticity of the academic award (subject to prior student consent)
9. Prof. Gupta submits that DU has already entered into an agreement with NAD and marksheets of Delhi University are available with NAD. He also submits that some data has already been transferred to the NAD.
10. A perusal of the above shows that the creation of NAD was with a view to provide Digilockers to students and academic institutions for storing all data relating to their educational qualifications, awards etc., However, the same is obviously not being fully utilised by the DU.
11. Any delay in issuance of degree certificates would prejudice the Petitioners who intend to undertake higher studies. The submission of DU that the Petitioners would be given hand-filled degree certificates as in Dhritiman Ray (supra) also does not impress this Court as, to accept this would mean that those students who wish to obtain their degree certificates would have to file writ petitions.
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:
9650006732) of the Delhi High Court for any technical assistance.
(vii) Mr. Sanjeev Singh, Joint Director, DU Computer Centre shall in any event obtain a digital signature for himself before the next date, while the implementation of the protocol is being finalised and worked out, in order to ensure that those students who require their degree certificates on an urgent basis can be e-mailed the digital certificates with his digital signature.
13. DU and NAD to file their affidavits in compliance with the present order through email to the DHC Registry and Court Master by 3rd August
2020. Advance copy be served upon ld. Counsel for the Petitioners. List on 4th August, 2020 at the end of board.
PRATHIBA M. SINGH JUDGE JULY 23, 2020 MR/A