New Delhi: In a path breaking judgement, Delhi High Court held that the names of mothers must ‘necessarily’ be put down in a student's certificates, degrees and other educational documents in the section where the parents' name are to be mentioned. 

The court observed that to deny it or question it would indicate an archaic and unrealistic idea of gender discrimination. 

Justice C Hari Shankar observed  that just like equal recognition is given to daughter and son as the children of the couple, the mother and father are also equally entitled as parents of the child. 

The judge stated that he is in "complete agreement" with the petitioner in her submission that there is no reasonable justification why only fathers' name alone is mentioned in any certificate relating to education or educational qualifications.

The judger further observed that the it would clearly "retrogressive" if educational certificates, degrees and other such documents only reflect the name of the father of a candidate, doing away with the name of the mother. The court held that the names of both parents should necessarily be reflected on the body of the certificate. 

He lauded that the fact that nearly 70 percent of the students passed out of law schools are girls. 

The court further stated that to "even psychologically compartmentalize human beings on the basis of sex and gender would be woefully anachronistic. t is a matter of pride and joy to this Court to see that a majority of young Counsel at the bar today – including the redoubtable Ms. Prasad – are girls, and, even more satisfyingly, I am informed that 70% of graduates from law schools today are girls." 

The court observed that the superficial gender-based mental discrimination that we made  since ages, based on a chance chromosomal circumstance now lie low.  

The court stated, “f there is still, among us, anyone who retains that mental block, it is time he woke up and smelt the coffee.”

The court made these observations while instructing Guru Gobind Singh Indraprastha University (GGSIPU) to include the names of both father and mother in the law degree of a student names Ritika Prasad who has completed her five-year BA LLB course. 

In her application, Prasad stated that the degree issued to her on the completion of the course only consisted her father's name and not her mother's name. 

Pointing out a 2014 circular issued by University Grants Commission (UGC), Justice Hari Shankar said that the mentioning names of mother and father of the student on the educational documents  like certificates, degrees, etc is already mandatory. 

The court was apprised that the GGSIPU has conducted a meeting regarding this issue and decision is expected to be soon. 

The court ordered, “This Court, therefore, simplifies the task of the officials in the University by issuing categorical directions that, in future, every document relating to the students in which the name of the parents of the student is to be mentioned, would reflect the name of both the father and mother of the concerned student. This shall be treated as mandatory and non-negotiable.”

The court ordered GGSIPU to give a fresh degree to Prasad in two weeks with the names of both her father and mother on it. 

“Let a copy of this order be marked to the UGC for circulation amongst all Universities which come within its purview. The UGC is also requested to examine the suggestion contained in paras 13 to 17 supra. 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 added.