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Rajasthan High Court · body

2025 DIGILAW 1185 (RAJ)

Gurdeep Singh, S/o Shri Gyan Singh v. University of Rajasthan, Through Its Registrar

2025-04-29

ANOOP KUMAR DHAND

body2025
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. 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 had appeared in all examinations, respondents interpolated the record and shown his absence in the practical examination with a view to victimize him for his involvement in the student politics. On 4.4.2014 this Court; after taking note of the factual matrix and finding prima facie fault on the part of the respondents, passed the following order:- “It is a Case where due to some default here and there on the part of the college, the career of the students was put to stake. On 4.4.2014 this Court; after taking note of the factual matrix and finding prima facie fault on the part of the respondents, passed the following order:- “It is a Case where due to some default here and there on the part of the college, the career of the students was put to stake. I am not indicating that lapses of the college which otherwise would be focused, if issue is not resolved by them, by the next date of hearing. As prayed, list this case on 21/04/2014.” Thereafter, vide Order dt. 18.7.2014, Principal of S.P. Medical College, Bikaner and Registrar of the University were directed to remain present. Subsequent thereto the matter has been adjourned on various occasions for want of the record. On 10.1.2017 and 6.2.2017 also learned counsel for the respondent Mr. Sanjeev Singhal sought time for producing the original record ultimately when this matter was listed on15.2.2017, learned counsel for the respondents informed that the original record relating to petitioner’s examination and his attendance are not available with the respondent university. This court has perused the material available on record including certified copy of the Tabulation of the marks and answer sheet of the petitioner. A perusal of the Tabulation mark sheet of the students makes it abundantly clear that there is a cutting/over- writing in the marks awarded to the petitioner Dr. Gurdeep Singh. It is also apparent that in place of marks already awarded to him, ‘A’ (absent) has been marked. In light of the material available on record, this court is of the considered view that there has been injustice with the petitioner and he has been deliberately victimized by the respondents for the reasons best known to them. Without going deep into the case and to avoid any observation against the persons concerned, who were at the helms of affairs in 1991, this court deems it appropriate to direct the University of Rajasthan to issue a mark sheet and degree to the petitioner, within a period of 7 days from today. The mark sheet be issued on the basis of the marks award to the petitioner in the theory subject, however, in practical exams for the time being the university may award minimum passing marks. Learned counsel for the respondents, Mr. Sanjeev Singhal informs that university has filed a criminal case against the petitioner for alleged tempering with the record. The mark sheet be issued on the basis of the marks award to the petitioner in the theory subject, however, in practical exams for the time being the university may award minimum passing marks. Learned counsel for the respondents, Mr. Sanjeev Singhal informs that university has filed a criminal case against the petitioner for alleged tempering with the record. If the petitioner is ultimately acquitted of the charges of the tempering with the record, university will issue a revised mark sheet to the petitioner in accordance with the marks shown in the Tabulation mark sheet. Needless to say that on receipt of the degree, petitioner would undergo internship as required in the relevant Rules of MCI. Mr. Shantanu Sharma appearing on behalf of Rajasthan University of Health Sciences on the basis of a letter dt. 15.2.2017 issued by the university, submits that since the university has been established in 2006 and the examination in question related to year 1991, the requisite degree would be issued by the University of Rajasthan. With these observations, the writ petition is allowed. University of Rajasthan, Respondent No.1 & 2 will issued the Mark-sheet & Degree to the petitioner peremptorily in seven days.” 8. It appears that when the aforesaid order was not complied by the respondents, a contempt petition bearing No.620/2017 was submitted before this Court and during pendency of the said petition, the compliance of the order dated 16.02.2017 was made and degree & mark-sheets were issued to the petitioner. While issuing the degree of MBBS, a note has been appended at the bottom of the same, which reads as under: “Issued in compliance of Hon’ble Raj High Court orders dated 16 Feb 2017 in S.B. CWP No.7585/2008” 9. On the basis of the aforesaid degree, the same note has been endorsed by the Rajasthan Medical Council while issuing registration certificate of practice to the petitioner. 10. This Court finds no substance in the argument raised by the counsel for the respondents that in the year 2005, Rajasthan University of Health and Sciences was established, and therefore, University of Rajasthan could not be in a position to issue any degree pertaining to the year 1991. 11. 10. This Court finds no substance in the argument raised by the counsel for the respondents that in the year 2005, Rajasthan University of Health and Sciences was established, and therefore, University of Rajasthan could not be in a position to issue any degree pertaining to the year 1991. 11. This Court has taken a judicial note of the fact that most of the time degrees are not issued by the University of Rajasthan well within time, and are issued after a considerable time and therefore, there does not exist any reason for placing the handwritten footnotes on the degree as well as registration certificate of the petitioner, which are causing hurdle/impediment for him in obtaining any employment. 12. Such an action on the part of the respondents is derogatory and totally unwarranted. The respondents have unnecessarily put the aforesaid note in the degree as well as on the medical certificate of the petitioner, which was not required. 13. In view of the above, the instant writ petition stands allowed. The respondents are directed to issue fresh degree of MBBS to the petitioner without putting any note/remark in the mark-sheet and Rajasthan Medical Council is also directed to issue fresh certificate of registration to the petitioner without putting any note/remark in the same, within a period of one month from the date of receipt of certified copy of this order. 14. The stay application and all pending applications, if any, also stand disposed of.