High CourtsSingle Bench(2020) 08 DEL CK 0006

Dr. Akshita Khosla vs University Of Delhi And Ors

Delhi High Court · Decided on 4 August 2020

HON’BLE JUDGES
Prathiba M. Singh, J
CASE NUMBER
Civil Writ Petition No. 4444, 4571, 4754 Of 2020, Civil Miscellaneous Application No. 16012, 16014, 16511, 16513, 17158, 17159 Of 2020

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Judgment

99 paragraphs · 1,690 words

Prathiba M. Singh, J

1.

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, “DUâ€). 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.â€​

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 register on the online system and login

Step 2

Candidate to fill the required information. The candidate shall receive the confirmation email.

Step 3

The examination branch will verify the details and process the application

Step 4

The soft copy of the degree is generated by the examination branch with required signature of competent authority

Step 5

The degree is digitally verified and mailed to the candidate through the portal.

Step 6

The digital certificate will be received by the candidate.

Close

• The screen shots are indicativeâ€​

7.

The Court has repeatedly put queries to the officials of DU as to whether this protocol relates to degree certificates as a perusal of the same shows

that this is meant for issuance of a ‘special certificate’. Moreover, the steps which have been mentioned in this protocol require the student to

upload a scanned copy of their photograph, signature, self-attested marksheet of the final year/semester along with a non-refundable fee of Rs.500/-.

It also requires submission of hard copies of the application along with the signatures etc., The protocol also states that the certificates would be issued

in person to the candidate/their nominee after a period of 15 days or 7 days from the date of submission of the application, excluding Saturdays,

Sundays and other Gazetted holidays. Even the name of the portal has not been specified. The degree certificate is to be collected in person. The

electronic copy of a sample degree to be issued is also not yet ready. Dr. Sanjeev Singh, however, informs the Court that he has obtained a digital

signature in his name for issuance of the degree certificate.

8.

The affidavit, in fact, exhibits a complete lack of any arrangement for issuance of degree certificates digitally. There has been no application of

mind whatsoever, as the period specified for issuing the same is not clear. The entire purpose of digital degree certificates is defeated if a person is to

come personally to collect the same. Moreover, the information sought from the students, shows that the procedure is being made more complicated

instead of it being simplified.

9.

On behalf of the UGC, Mr. Kurup, ld. counsel, submits that the NDML, which was earlier the digital repository for all the academic records, is no

longer in charge of the same and Digilocker has now been set up by the Ministry of Electronics and Information Technology (MEITY) to become the

digital repository for all academic documents in order to implement the National Academic Depository (hereinafter, “NADâ€​).

10.

Dr. Surender Singh, Joint Secretary, NAD and Mr. Durgaprasad Dash, Additional General Manager, National e-Governance Division (NeGD),

MEITY have joined the video-conferencing hearing. They submit that there was an agreement dated 3rd October, 2019 with NDML, however, no

data was uploaded by DU. Insofar as Digilocker is concerned, the Court is informed that DU has registered on Digilocker only yesterday i.e., 3rd

August, 2020.

11.

Despite sufficient time being made available, it is clear that DU is not taking adequate steps to set up the process for issuance of digital degree

certificates. There is a completely callous attitude being reflected towards the plight of students. A request is made for adjourning the matter for

tomorrow to place a better scheme on record. This Court feels that the same would be completely futile as considerable time has already lapsed

without any positive steps being taken by the DU. All the Petitioners wish to get their registrations on the ECFMG platform in order to be able to sit in

the USMLE examination for post graduate studies in the US. It is stated that the deadline for submission of their degree certificates is 15th August,

2020. It is in view of this deadline that this Court was repeatedly listing the matter to find a solution. However, the affidavit filed by DU is lacking in

several respects â€" in the name of the portal, the link to the portal, the form to be filled for obtaining the digital degree-certificate and in not providing

a sample of the degree certificate to be issued.

12.

The protocol which has been placed on record has made it extremely difficult for candidates to obtain a degree-certificate. Obtaining a degree,

which should have been a cause of celebration, has been turned into a complete nightmare for all these doctors who ought to have been busy

rendering medical services during the pandemic. Despite the Court’s best effort, DU is not placing a proper protocol on record. In view of the

above, Â this Court deems it appropriate to constitute a Committee consisting of the following officials:

i. Mr. Sarsij Kumar, Joint Director (M: 9650006723) and Mr. Zameem Ahmad Khan, Senior System Analyst (M: 9650006732) from the Delhi High

Court IT team.

ii. Mr. Durgaprasad Dash, Additional General Manager, National e-Governance Division (NeGD), MEITY (M:7735001000, Email ID:

iii. Ajoy Agrawal, Senior Manager, Digilocker (M: 8527843466)

iv. Prasoon Kumar, Senior Manager, Digilocker (M:9971307379)

v. Dr. Sanjeev Singh, Joint Director, Delhi University Computer

13.

The Committee shall finalize the following:

a) The online link on the DU portal where the students can put in applications for issuance of their digital degree certificates. Alternatively, an e-mail

address shall be provided where the Petitioners and similarly placed candidates can write an e-mail to obtain their degree certificates;

b) The timeline after receipt of the said email for verification and issuance of the degree certificate with the digital signature;

c) Template for the degree certificate to be issued by email;

d) Official to be responsible for affixing the digital signature and issuance of the same;

e) A sample degree certificate in favour of one of the Petitioners, duly signed with the digital signature, shall also be generated;

f) Timelines for transmission of past data to Digilocker from DU;

g) Timelines for transmission of data periodically to Digilocker so that students can easily access their certificates, transcripts, marksheets, awards

etc.

14.

Status report shall be submitted to this Court on 7th August, 2020 by 10:00 a.m. List this matter for hearing on 7th August, 2020 at 3:00 p.m.

15.

Copy of this order be provided to all the counsels today itself.

16.

The Committee shall have its first meeting tomorrow i.e., 5th August, 2020 at 11:30 a.m. in the office of Dr. Sanjeev Singh, Joint Director, DUCC.