Lanson Brijesh Colaco vs Rajeev Gandhi University of Health Sciences and others. Writ Petition 10935/2020 decided on 6 November 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346985/1/WP10935-20-04-11-2020.pdf
Relevant Paragraphs: 3(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 non- production possibly resulting in the loss of a valuable seat in their campus; the same is true of public employment, as well.
6(c)…..The word “convocation” is derived from the Latinword ‘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.
6(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 pre- condition 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.
6(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.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 