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Writ of Mandamus for Degree Certificate

The writ petition seeks a mandamus from the High Court of {statename} to compel {universityname} to issue the petitioner’s Bachelor of Laws degree certificate, which has not been provided despite the petitioner completing the course over three years ago. The petitioner has made multiple representations to the university without any effective action taken, resulting in significant harm to his career prospects. The petition argues that the university's inaction is arbitrary and violates the petitioner’s fundamental rights under Articles 14 and 21 of the Constitution of India.

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0% found this document useful (0 votes)
33 views3 pages

Writ of Mandamus for Degree Certificate

The writ petition seeks a mandamus from the High Court of {statename} to compel {universityname} to issue the petitioner’s Bachelor of Laws degree certificate, which has not been provided despite the petitioner completing the course over three years ago. The petitioner has made multiple representations to the university without any effective action taken, resulting in significant harm to his career prospects. The petition argues that the university's inaction is arbitrary and violates the petitioner’s fundamental rights under Articles 14 and 21 of the Constitution of India.

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ashu singh
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© All Rights Reserved
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IN THE HIGH COURT OF {statename} AT {courtlocation}

WRIT PETITION (CIVIL) NO. {writpetitionnumber} OF {year}

IN THE MATTER OF: Article 226 of the Constitution of India

BETWEEN:

{petitionername}, S/o {fathername},R/o {petitioneraddress}, Aged about {petitionerage} years,…Petitioner

VERSUS

{universityname}, Through its Vice-Chancellor, {universityaddress}


The Registrar,{universityname}, {universityaddress}…Respondents
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING ISSUANCE OF
A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE
RESPONDENT UNIVERSITY FOR ISSUANCE OF DEGREE CERTIFICATE TO THE PETITIONER

ToThe Hon’ble Chief Justice and His Companion Justices of the High Court of {statename} at {courtlocation}

The Humble Petition of the Petitioner above named

MOST RESPECTFULLY SHOWETH:

I. SYNOPSIS

That the present writ petition is being filed under Article 226 of the Constitution of India seeking the issuance of
a writ of mandamus or any other appropriate writ, order or direction to the respondent university for the
immediate issuance of the petitioner’s Bachelor of Laws degree certificate. The petitioner completed his
Bachelor’s degree from {collegename}, which is affiliated to the respondent university, in the year
{yearof_completion}. The petitioner has been duly issued all semester mark sheets and a provisional certificate
by the college. However, despite the lapse of more than three years since the completion of the course, the
petitioner has not been issued the original degree certificate by the respondent university.

That the petitioner has made several representations, including a written representation dated
{dateofrepresentation}, to the Vice-Chancellor of the respondent university, but no effective action has been
taken till date. The inordinate and unexplained delay in issuing the degree certificate is causing irreparable loss
and injury to the petitioner, as his career prospects are being severely hampered. The petitioner is unable to
pursue higher studies or apply for employment opportunities that mandatorily require submission of the original
degree certificate.

That the action of the respondent university is arbitrary, unreasonable, and violative of Articles 14 and 21 of the
Constitution of India. The petitioner has no other efficacious remedy except to approach this Hon’ble Court
under Article 226 of the Constitution of India. The petitioner craves leave to rely upon the following legal
provisions and precedents: Article 226 of the Constitution of India, which empowers this Hon’ble Court to issue
writs for enforcement of fundamental and legal rights; and the settled law that a writ of mandamus lies to
compel the performance of a public duty, as held in cases such as Praga Tools Corporation v. C.A. Imanual
(AIR 1969 SC 1306), Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak
Trust v. V.R. Rudani (AIR 1989 SC 1607), and Dr. Smt. Kuntesh Gupta v. Management of Hindu Kanya
Mahavidyalaya (AIR 1987 SC 2186).

II. PARTICULARS OF THE PARTIES

Petitioner:{petitionername}, S/o {fathername}, R/o {petitioneraddress}, Aged about {petitionerage} years, is a


law graduate from {college_name}, affiliated to the respondent university.
Respondents:(i) {universityname}, through its Vice-Chancellor, {universityaddress}.(ii) The Registrar,
{universityname}, {universityaddress}.
III. JURISDICTION

That this Hon’ble Court has the jurisdiction to entertain and try this petition under Article 226 of the
Constitution of India as the cause of action has arisen within the territorial jurisdiction of this Hon’ble Court and
the respondent university is situated within the jurisdiction of this Hon’ble Court.
IV. FACTS OF THE CASE

That the petitioner was admitted to the Bachelor of Laws (LL.B.) course at {collegename}, affiliated to the
respondent university, in the year {yearof_admission}.
That the petitioner successfully completed all semesters and examinations and was declared to have passed the
Bachelor of Laws degree in the year {yearofcompletion}.
That the petitioner was issued all semester-wise mark sheets and a provisional certificate by the college.
That despite the passage of more than three years since the completion of the course, the petitioner has not been
issued the original degree certificate by the respondent university.
That the petitioner has made several oral and written representations to the authorities of the respondent
university, including a written representation dated {dateofrepresentation} addressed to the Vice-Chancellor, but
no effective action has been taken.
That the petitioner’s career prospects are being severely affected as he is unable to apply for higher studies or
employment opportunities which require submission of the original degree certificate.
That the inaction of the respondent university is arbitrary, unreasonable, and violative of the petitioner’s
fundamental rights under Articles 14 and 21 of the Constitution of India.
That the petitioner has no other efficacious remedy except to approach this Hon’ble Court under Article 226 of
the Constitution of India.
V. LIST OF DATES

{listofdates}

VI. GROUNDS

Because the respondent university is under a statutory and legal obligation to issue the degree certificate to the
petitioner upon successful completion of the course and fulfillment of all requirements.

Because the inordinate and unexplained delay of more than three years in issuing the degree certificate is
arbitrary, unreasonable, and violative of Articles 14 and 21 of the Constitution of India.

Because the petitioner has made several representations, including a written representation dated
{dateofrepresentation}, but the respondent university has failed to discharge its public duty.

Because the non-issuance of the degree certificate is causing irreparable loss and injury to the petitioner, as he is
unable to pursue higher studies or secure employment opportunities.

Because the action of the respondent university is contrary to the principles of natural justice, fair play, and
good governance.

Because the right to education and the right to livelihood are integral to the right to life under Article 21 of the
Constitution of India, and the arbitrary denial of the degree certificate infringes upon these rights.

Because the Hon’ble Supreme Court in Praga Tools Corporation v. C.A. Imanual (AIR 1969 SC 1306) and
Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani
(AIR 1989 SC 1607) has held that a writ of mandamus lies to compel the performance of a public duty.

Because the respondent university’s inaction is also violative of the doctrine of legitimate expectation, as the
petitioner was entitled to expect timely issuance of his degree certificate upon successful completion of the
course.

Because the delay is causing the petitioner to lose valuable opportunities, including deadlines for job
applications and admissions to higher educational institutions, which cannot be compensated in monetary terms.

Because the respondent university’s conduct is discriminatory and amounts to denial of equal protection of laws
as guaranteed under Article 14 of the Constitution of India.

VII. PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may
be pleased to:
a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent university
to forthwith issue the original Bachelor of Laws degree certificate to the petitioner;

b) Direct the respondent university to take all necessary steps to ensure that the petitioner is not deprived of any
academic or employment opportunity due to the delay in issuance of the degree certificate;

c) Pass an interim order directing the respondent university to issue a letter/certificate confirming the
petitioner’s successful completion of the Bachelor of Laws degree and stating the reason for non-issuance of the
original degree, pending final disposal of this writ petition;

d) Award costs of the present petition in favour of the petitioner and against the respondents;

e) Pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

Place: {place}Date: {date}

Filed by:{advocatename} Advocate for the Petitioner {advocateaddress}{advocate_contact}

Common questions

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A writ of mandamus is applicable to compel the performance of a public duty, especially where no other legal remedy exists. In the context of the document, its significance is highlighted by the fact that the respondent university's failure to issue the degree certificate is not only withholding a public duty but also contravening the petitioner's fundamental rights. The petitioner invokes it to ensure that the university fulfills its statutory obligation, as was upheld in precedent cases like Praga Tools Corporation v. C.A. Imanual and Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani .

In addition to the issuance of the original degree certificate, the petitioner seeks an interim relief in the form of a court directive for the university to issue a letter or certificate that confirms successful completion of the law degree and explains the reason for the delay in issuance of the original degree, pending the final disposal of the writ petition. This measure aims to minimize the ramifications of delays on the petitioner's educational and employment opportunities .

Article 226 plays a pivotal role by empowering High Courts to issue writs for enforcing fundamental rights and addressing administrative negligence. In this case, it serves as a recourse for the petitioner whose rights have been impeded by the university's delay in issuing the degree certificate, constituting a negligence of public duty. By invoking Article 226, the petitioner seeks a court mandate to compel the respondent university to fulfill its obligation, thereby illustrating the Article’s effectiveness in remedying administrative lapses and safeguarding citizens' rights .

The petitioner has exhausted all alternative remedies by making several oral and written representations to the university with no effective action taken. Given the arbitrary and unreasonable delay extending over three years, the petitioner recognizes that only a writ petition under Article 226 can provide a legally binding directive to the university to issue the degree certificate. The judicial intervention is necessary as there is no other legal or administrative recourse left to compel the university .

Petitioners are encouraged to rely upon Article 226 of the Constitution of India which empowers the court to issue writs for the enforcement of fundamental and legal rights. The legal precedents that may be cited include the rulings from cases such as Praga Tools Corporation v. C.A. Imanual (AIR 1969 SC 1306) and Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani (AIR 1989 SC 1607). These cases establish that a writ of mandamus can compel the performance of a public duty .

The arbitrary denial violates fundamental rights as it is inconsistent with Articles 14 and 21 of the Constitution of India. Article 14 ensures equality before the law and equal protection of the laws, so discriminatory practices that result in arbitrary denial of certificates contravene this Article. Article 21 guarantees the right to life and personal liberty, which includes the right to education and livelihood. Therefore, by not issuing the degree certificate, the university is infringing upon these crucial rights, impacting the petitioner's ability to pursue further education or employment .

The petitioner claims the delay violates the doctrine of legitimate expectation, which is based on the belief that legal and administrative authorities will act fairly and fulfill promises made. The implications are significant as it suggests a breach of trust between citizens and administrative bodies, reinforcing the argument for judicial intervention to maintain accountability and fairness in administrative actions .

The petitioner's rights under Article 14, which guarantee equality before the law, are claimed to be breached by the university's arbitrary and discriminatory actions. The delay in issuing the degree without sufficient justification results in unequal treatment and denial of equal protection of the laws. This breach impacts the petitioner’s ability to compete on an equal footing with peers for employment and educational opportunities .

The case illustrates a conflict with principles of natural justice by highlighting the arbitrary and unexplained delay by the university, which denies the petitioner fair treatment and the right to due process. The principles of natural justice necessitate timely and reasonable actions by public authorities, which the university fails to discharge, leading to discrimination and adverse impacts on the petitioner's career and educational prospects .

The university's inaction in issuing the degree certificate severely hampers the petitioner's career prospects. It precludes the petitioner from applying for higher studies and employment opportunities that mandate the submission of an original degree certificate. This delay constitutes irreparable loss and injury, thereby thwarting deadlines for job applications and admission to higher educational institutions .

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