Monday, July 6, 2015

University's delay in awarding Degrees costs it dearly: NHRC asks it to award Degrees as well as monetary compensation

In a landmark case of denial of Degrees to 32 students of B.Sc. (Nursing) even four years after passing the course, much beyond the stipulated period by the Universities Grants Commission, the National Human Rights Commission ensured that they received the same without any further delay from the Registrar of Dr. Hari Singh Gaur Central University, Sagar, Madhya Pradesh.

As per para 4.4 of the UGC (Grant for Degree and other Awards by Universities) Regulation, 2008, "The Degree award date/s shall be within 180 days of the date/s by which the students are expected to qualify and become eligible for them."

The Registrar of the University gave Degree Certificates to the nine students in the Commission today, who had lodged the complaint in the matter. He also produced the proof of dispatch of Degree Certificates to the 23 other successful students, who had applied for the same in the prescribed format to the University.

These students had completed their course in 2011 from the Christian Medical and Training Centre, School and College of Nursing, Damoh, affiliated with Dr. Hari Singh Gaur Central University. The Provisional Degree Certificate issued by the University was valid only for six months.

However, despite making several requests to the University, these students neither got Degrees nor any convincing response to that effect for which they approached the Commission seeking its intervention for relief saying that they suffered mental agony, monetary loss and carrier loss because of the inaction on the part of the authorities.

The Commission registered a case No. 150/12/12/2015 in the matter on the 21st January, 2015 and issued notices to the concerned authorities calling for reports in the matter.

During the course of enquiry, the Commission did not find the arguments given by the University authorities behind the delay in disbursement of Degrees as convincing. It observed that the delay in giving the Degrees resulted in denial of their Fundamental Rights under Article 19 (1)(g) of the Constitution, which guarantees the Right to practice a profession or to carry on any occupation and also their Fundamental Right to Life (which includes the Right to Livelihood) guaranteed by Article 21 of the Constitution.

The Fundamental Rights under these Articles are recognized basic human rights and, therefore, the conduct of the respondent University amounted to violation of the human rights of the complainants.

According to a NHRC's release, it recommended that Dr. Hari Singh Gaur University pay rupees one lakh each to the nine complainants, who approached the Commission for relief for the unjustifiable denial of their Degrees.

The Commission has asked Dr. Hari Singh Gaur University, through its Registrar, to pay the relief to the students within six weeks and submit compliance report along with proof of payment thereof.

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