Delhi High Court: In the case wherein the petitioner sought that the degree issued to her on completion of her course should reflect both her father’s and mother’s name, C. Hari Shankar, J.*, opined that “just as a daughter and son are equally entitled to recognition as the children of a couple, the mother and father are also equally entitled to recognition as parents of the child.” The Court referred to University Grants Commission (‘UGC’) circular dated 06-06-2014 and opined that the Court simplified the task of the officials in the GGSIPU by issuing a categorical direction that in future every document relating to the students in which the parents’ name was to be mentioned, it would reflect both father’s and mother’s name of the student concerned. Accordingly, the Court directed GGSIPU to issue a fresh B.A. LLB degree/certificate within two weeks to the petitioner in which the names of both her father and mother would be reflected.
Background
In the present case, the petitioner passed her five-year B.A. LLB course from the Amity Law School, Delhi, which at that time was affiliated to the Guru Gobind Singh Indraprastha University (‘GGSIPU’), the respondent. The petitioner’s grievance was that the B.A. LLB degree issued to her on completion of the course reflected only her father’s name and not her mother’s name.
Thus, the petitioner filed the present writ petition and sought that her degree should reflect both her father’s and mother’s name.
Analysis, Law, and Decision
The Court opined that to even psychologically compartmentalize human beings based on sex and gender would be woefully anachronistic. It was a matter of pride and joy to this Court to see that most of the young counsel at the bar today were girls, and moreover 70% of graduates from law schools today were girls. The Court opined that “the artificial gender-based mental distinction that we have, over ages, drawn, based on a chance chromosomal circumstance, is now all but effaced. If there is still, among us, anyone who retains that mental block, it is time he woke up and smelt the coffee.”
The Court opined that equality of opportunity was but one facet of gender equality, as equality of recognition was just as important. “Just as a daughter and son are equally entitled to recognition as the children of a couple, the mother and father are also equally entitled to recognition as parents of the child. To even question, much less deny, this, would be redolent, again, of an archaic and unrealistic notion of gender difference, which is a notion that has clearly outstayed its welcome.”
The Court opined that there was no reasonable justification for only mentioning the father’s name in any certificate related to education or educational qualifications. It would be clearly retrogressive if educational certificates, degrees and other such documents reflected only the candidate’s father name and mother’s name was eliminated. The names of both parents should necessarily be reflected on the certificate.
The Court further referred to UGC circular dated 06-06-2014, and opined it simplified the task of the officials in the GGSIPU by issuing a categorical direction that in future every document relating to the students in which the parents’ name was to be mentioned, it would reflect both father’s and mother’s name of the student concerned. This should be treated as mandatory, non-negotiable, and it would be for the GGSIPU to decide on the format to be adopted in that regard.
The Court clarified that these observations might have to be adjusted in cases of children adopted by a sole parent, or such other exceptional case, as such cases would have to be addressed on their individual facts. Further, the Court directed GGSIPU to issue a fresh B.A. LLB degree/certificate within two weeks, to the petitioner in which the names of both her father and mother would be reflected.
[Ritika Prasad v. Guru Gobind Singh Indraprastha University, W.P.(C) 8841 of 2023, decided on 07-03-2024]
*Judgment authored by- Justice C. Hari Shankar
Advocates who appeared in this case :
For the Respondent: Kunal Mittal for Shiv Dutt Kaushik, Advocate
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