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Calcutta High Court (Appellete Side)

Rajarshi Sinharoy vs The State Of West Bengal & Others on 16 December, 2022

Author: Kausik Chanda

Bench: Kausik Chanda

16.12.2022
    ap
   10


                             WPA 27097 of 2022
                              Rajarshi Sinharoy
                                        Vs.
                           The State of West Bengal & Others

                                Mr. Pankaj Halder
                                Mr. Tapas Manna
                                       ... For the petitioner.

                                Mr. Swapan Kr. Datta, AGP,
                                Mr. Tapas Kr. Dey
                                       ... For the State.

                                Mr. N.C. Bihani
                                Mr. Soumyajit Ghosh
                                       ... For the University.

                   Mr.   Bihani,    learned   advocate    who    usually
             represents Burdwan University, has been requested to
             appear in this matter.
                   The petitioner was a B.Sc. (Computer) student of
             respondent no. 6, College. It is not in dispute that the

petitioner has successfully completed the said Course in the year 2020.

The grievance of the petitioner is that despite completing the course successfully, the University has not awarded him the certificate of the said degree course though he was provided with the marksheets of the said course.

Mr. Bihani, learned advocate appearing for the University submits that the degree can be conferred only in the convocation of the University and there was no convocation of the University for last two years due to the COVID-19 situation.

It has further been submitted by Mr. Bihani that the certificate of the petitioner is available on the online platform namely, DigiLocker, maintained by the 2 Ministry of Electronics and IT, Government of India and the petitioner can very well download the said certificate from the said website. Mr. Bihani submits that digital certificate from DigiLocker is to be treated at par with the original physical document.

I, however, find substance in the grievance of the petitioner that he needs the original physical certificate to apply before the foreign Universities.

Though the convocation has not been held for last two years due to the COVID-19 situation, the petitioner cannot be deprived of his original certificate to facilitate his further higher study.

Accordingly, WPA 27097 of 2022 is disposed of with a direction upon the University to make over the original B. Sc. Degree certificate to the petitioner within a period of one month from the date of communication of this order.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)