Regressive To Mention Only Father's Name In Educational Certificates & Degrees, Names Of Both Parents Must Be Reflected: Delhi High Court

The Delhi High Court has observed that there is no reasonable justification for only mentioning name of the father in degrees and educational certificates issued to students.

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother. The names of both parents should necessarily be reflected on the body of the certificate,” Justice C Hari Shankar said.

The court observed that to even psychologically compartmentalize human beings on the basis of sex and gender would be “woefully anachronistic.”

It added that It is a matter of pride and joy for the Court to see that a majority of young lawyers at the bar today are girls and that 70% of graduates from law schools today are girls.

“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 observed.

Justice Shankar made the observations while dealing with a plea of a law graduate aggrieved by the fact that her law degree only reflected the name of her father and not her mother.

Ritika Prasad graduated from Amity Law School, which at that time was affiliated to the Guru Gobind Singh Indraprastha University (GGSIPU). She sought a direction that her degree should reflect both her father's and mother's name.

Granting relief to Prasad who appeared in person, the court directed the varsity that in future, every document relating to the students in which the name of the parents is to be mentioned would reflect the name of both the father and mother.

This shall be treated as mandatory and non-negotiable, the court said.

“I therefore, deem it appropriate only to direct compliance with the UGC Circular dated 6 June 2014 insofar as it requires the names of the mother and the father of the student to be mentioned on all educational certificates, degrees, and similar documents. It would be for the University to decide on the format to be adopted in that regard,” the court said.

It further directed the UGC to consider whether it is necessary to mention the name of the father's father and mother's father or mother's husband in the degrees and certificates.

Justice Shankar clarified that the observations may have to be adjusted in cases of children adopted by a sole parent or other exceptional cases.

“Needless to say, such cases would have to be addressed on their individual facts,” it said.

The court directed the GGSIPU to issue a fresh B.A. LLB degree or certificate to Prasad within two weeks reflecting the names of both her father and mother.

“This Court appreciates the effort of Ms. Ritika Prasad in moving the present writ petition, which highlights a felt necessity of our times,” the court said.

Title: RITIKA PRASAD v. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

Citation: 2024 LiveLaw (Del) 282

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