Provisional certificate valid till degree is issued: HC
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Provisional certificate issued by a varsity continues to be valid till a degree is issued, Delhi High Court has said while pulling up Delhi University (DU) for denying admission to a student under Scheduled Tribe category on the basis of a provisional certificate.
Justice Sanjeev Sachdeva directed DU to admit the student in the law course, saying denying him admission was "not sustainable" as the candidate possessed a valid provisional certificate issued by Uttarakhand's Garhwal University.
"The respondent university (DU) could not have denied admission to the petitioner (Vinod Kumar) on this ground. In view of the above, action of the respondent university in not granting admission to the petitioner is not sustainable. DU is directed to grant admission to the petitioner in ST category as per his option," the court said.
Kumar, who had secured 49th rank in ST category in the law entrance examination in DU, had approached the court against denial of admission to him for LLB first year for the academic session 2016-17.
He said he had appeared in BA (Pass) course from Garhwal University in 2007 and received only a provisional certificate in October 2010.
Kumar said during counselling on August 28, he had submitted all requisite documents but was later informed by DU that since he had not furnished the degree, he cannot be admitted.
DU's counsel told the court that provisional certificate was of 2010 and since it was old, it was not accepted.
The court, however, said, "so long as the degree is not issued by the university, the provisional certificate would be valid and as soon as the degree is issued, the provisional certificate loses its sanctity".
"There is no expiry date mentioned on the provisional certificate, therefore the provisional certificate would remain valid till the date degree is issued by the university," the court said, adding, "issuance of provisional certificate in itself is proof that degree has not yet been issued by the University. #casansaar (PTI)
Justice Sanjeev Sachdeva directed DU to admit the student in the law course, saying denying him admission was "not sustainable" as the candidate possessed a valid provisional certificate issued by Uttarakhand's Garhwal University.
"The respondent university (DU) could not have denied admission to the petitioner (Vinod Kumar) on this ground. In view of the above, action of the respondent university in not granting admission to the petitioner is not sustainable. DU is directed to grant admission to the petitioner in ST category as per his option," the court said.
Kumar, who had secured 49th rank in ST category in the law entrance examination in DU, had approached the court against denial of admission to him for LLB first year for the academic session 2016-17.
He said he had appeared in BA (Pass) course from Garhwal University in 2007 and received only a provisional certificate in October 2010.
Kumar said during counselling on August 28, he had submitted all requisite documents but was later informed by DU that since he had not furnished the degree, he cannot be admitted.
DU's counsel told the court that provisional certificate was of 2010 and since it was old, it was not accepted.
The court, however, said, "so long as the degree is not issued by the university, the provisional certificate would be valid and as soon as the degree is issued, the provisional certificate loses its sanctity".
"There is no expiry date mentioned on the provisional certificate, therefore the provisional certificate would remain valid till the date degree is issued by the university," the court said, adding, "issuance of provisional certificate in itself is proof that degree has not yet been issued by the University. #casansaar (PTI)
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