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Vinod Kumar v. University of Delhi And anr. - (High Court of Delhi) (03 Oct 2016)

Provisional Certificate would remain valid till the date degree is issued by university



Petitioner seeks quashing of action of Respondent-University in declining to grant him admission in LL.B. (Ist year) for the academic session 2016-2017. Petitioner secured 49th rank in Scheduled Tribe (ST) Category. Petitioner was invited for counseling and submitted all requisite documents. Petitioner had appeared in B.A. (Pass) course from Garhwal University, Srinagar, Uttrakhand in the year 2007 and received only a provisional certificate dated 25th October, 2010 from said university and not the degree.

As per clause 5, Provisional Certificate would be acceptable till a Degree has been issued by University. In present case, Petitioner was issued Provisional Certificate by Garhwal University in year 2010. Issuance of provisional certificate in itself is proof that decree has not yet been issued by University. There is no expiry date mentioned on Provisional Certificate, therefore Provisional Certificate would remain valid till the date Degree is issued by university.

In instant case, concerned Garhwal University has issued a fresh Provisional Certificate to Petitioner on 20th September, 2016 which reaffirms the fact that Degree has not been issued by the university till date. It is not in hands of a student as to when Degree would be issued by the University. So long as Degree is not issued by University, Provisional Certificate would be valid and as soon as Degree is issued, Provisional Certificate loses its sanctity.

Petitioner satisfied all requirements of clause 5 contained in notice dated 24th August, 2016 by submitting all requisite documents. While allowing Petition, High Court directed Respondent-Delhi University to grant admission to the petitioner in the ST Category as per his option.


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