Lanson Brijesh Colaco v. Rajeev Gandhi University Of Health Sciences
2020-11-04
KRISHNA S.DIXIT
body2020
DigiLaw.ai
JUDGMENT Krishna S.Dixit, J. - A short but genuine grievance of the petitioner-medical student is against the act arguably attributable to the respondent- State Health University in delaying the award of MBBS Degree or in the alternative an equivalent certificate having efficacy on par with the award of Degree, without waiting for the Convocation Ceremony, in which degrees are normally awarded. 2. After service of notice, the respondents 1 & 2 having entered appearance through their counsel, resist the writ petition, principally contending that the Degrees of the kind can be awarded only in Convocation Ceremony in terms Convocation For Conferring Degree Statute 11 promulgated by the respondent-University. The 3rd respondent-College not being a necessary party has no much say in the matter. 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter as under and for the following reasons: (a) It is a matter of common knowledge that a Degree Certificate at hands is worth ten in the cupboard of the Campus, since gaining entry to portals of higher education and for securing employment, within the country or abroad, normally depend upon the award of degrees by the universities; this Court also takes notice of some foreign universities insisting on the production of original Degree Certificates for admission to higher courses, and of their nonproduction possibly resulting in the loss of a valuable seat in their campus; the same is true of public employment, as well. (b) At the same time one cannot dispute the legal position asserted by the learned Panel Counsel for the University banking upon the provisions of 11.1 and 11.3 of the Statutes which have the following text: 11.1 (i) A Convocation for the purpose of conferring Degrees shall be held once a year preferably in the first three months of the calendar year and at other times as the Chancellor may direct on the recommendation of the University Syndicate. 11.3 Between two Annual Convocations: 6. If University Examinations are held and the students are successful in such examinations thus becoming eligible for conferment of Degrees at the next Annual Convocation, the Registrar (Evaluation) is competent to issue provisional certificate declaring them to have passed such public examinations. Such candidates will, however, be entitled for conferment of Degrees only at the next Annual Convocation.
If University Examinations are held and the students are successful in such examinations thus becoming eligible for conferment of Degrees at the next Annual Convocation, the Registrar (Evaluation) is competent to issue provisional certificate declaring them to have passed such public examinations. Such candidates will, however, be entitled for conferment of Degrees only at the next Annual Convocation. (ii) Degree Certificates to such candidates will be issued only on an application made to the Registrar (Evaluation) by paying the prescribed fees at the next Annual Convocation. 7. Every candidate applying for the Degree shall sign a declaration in the following form printed in the application form; I hereby solemnly declare and promise that, if admitted to the Degree of . For which I have been recommended, I shall, in my daily life and conversation conduct myself, as befits a member of this University that I shall to the utmost of my capacity and opportunity, support the cause of morality and sound learning and that, as for as in me lies, I shall upheld and advance the social order and well being of my fellowmen;. I shall faithfully and carefully fulfill the duties of the profession to which I may be admitted by virtue of my Degree; that I shall on all occasions maintain its purity and reputation and I shall never deviate from the straight path of their honorable exercise by making my knowledge subservient to unworthy ends.
I shall faithfully and carefully fulfill the duties of the profession to which I may be admitted by virtue of my Degree; that I shall on all occasions maintain its purity and reputation and I shall never deviate from the straight path of their honorable exercise by making my knowledge subservient to unworthy ends. (c) The word convocation is derived from the Latin word convocare meaning to call/come together ; in the functioning of a University, the convocation ceremony is an event of conventional significance where outgoing students after completion of their academic courses, formally assemble for receiving their Degrees/Diplomas ordinarily at the hands of the dignitaries of repute who on invitation of the said University address the gathering, throwing light on the long way the students have to move on after leaving the campus; it is a special day in the academic life of students who after years of hard work and dedication, secure the Degree Certificates as a token of their great accomplishment; the awardees donning traditional academic regalia walk up the stage in front of their colleagues, friends and family members who have supported them in their endeavour of acquiring knowledge; it is a defining moment in every student s life and it gives a big boost to his/her self-esteem; in some Universities, black hats are tossed in air and the sky is filled with euphoria for complementing the glorious ceremony; it is the coming of age, the arrival of maturity, of course followed by responsibility; the ceremony makes heart go aflutter; this ceremony having a grand purpose to serve, has it s own variants too; be that as it may.
d) The above statute of the respondent-university appears to have been structured for giving a formal cognition to the Ceremonial Convocation, which normally is a precondition for awarding degrees; the enormous significance attached to such ceremonies cannot be disregarded only for the convenience of a few students like the petitioner who may have arguable hardship in waiting for such ceremonies that are ordinarily organised with a fair degree of regularity; however, at times their regularity & periodicity become difficult to adhere, because of the conspiracy of circumstances such as COVID-19 pandemic or the like, that are beyond the control of university authorities; however, the aggrieved students cannot be asked to wait in militant silence for an indefinite period of time since such waiting will have many repercussions such as, time bar of the admission to the course, non-compliance of conditions of recruitment and age bar for employment, or the like; some viable alternative has to be devised by the universities in their accumulated experience & wisdom for mitigating the likely hardship/difficulty their students/alumni are put to, in such circumstances because of delayed ceremonial convocation. e) Learned Panel Counsel for the university fairly submits that although there is a provision in the statutes for handing the graduates a Provisional Degree Certificate, followed by award of degree in the convocation, a specific text may be introduced into the Provisional Degree Certificate itself or by way of an annexure thereto, to the effect that the Provisional Degree Certificate shall be treated on par with the Award of Degree, for all practical purposes; this fair stand of the university would ease the difficulty faced by the students like the petitioner who at times indefinitely await the convocation ceremony; in addition, this court fondly hopes that the university authorities when so requested by the students/alumni, shall address appropriate communication to other universities/colleges/employers for easing the difficulty or doubt pending award of Degrees in the ensuing convocation ceremonies; it hardly needs to be stated that such graceful acts, if done timely, would add to their stature and grandeur. In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues to the respondent- University to hand the petitioner a Provisional Degree Certificate of the course in question with a specific certification to the effect that the same shall be treated on par with the award of degree concerned, for all practical purposes.
In the above circumstances, this writ petition succeeds in part; a Writ of Mandamus issues to the respondent- University to hand the petitioner a Provisional Degree Certificate of the course in question with a specific certification to the effect that the same shall be treated on par with the award of degree concerned, for all practical purposes. Time for compliance is two weeks, and delay if brooked would entail the university with a cost of Rs.5,000/- per week payable to the petitioner, and that the same shall be recovered personally from the erring officials responsible for the lapse. Now, no costs.