HC Dismisses Plea Against Calcutta University For Awarding Honorary Degree To Doctor Against Whom Scathing Criticism Was Made By Supreme Court

The Calcutta High Court on Friday dismissed a writ petition against the University of Calcutta for awarding a D.Sc.honorary degree to a doctor against whom the Supreme Court had made scathing remarks for medical negligence and had held him to be primarily responsible for the death of the petitioner's wife. 

The petitioner had apprised a Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj that the University of Calcutta (respondent no.1) had committed a gross abuse of power by granting the concerned doctor one Dr. Sukumar Mukherjee (respondent no. 2) with a degree of Doctorate in Science (D.Sc.).

Opining that the instant case does not warrant interference by a Constitutional Court, it was held, 

"It is further found that the selection of the respondent no. 2 by the respondent no. 1 has not undermined the sanctity or honour or dignity of the Hon'ble Supreme Court or violated Article 144 of the Constitution of India. The honorary degrees are awarded to achievers in their respective fields. This does not warrant the interference of the Constitutional Court. Thus, where the nature and subject matter of a decision is not amendable due to judicial process because the court is not competent to deal with the matter, the court should not intrude into such questions."

It was further observed that it is not the expertise of the Court to decide the criteria of awarding of the honorary D.Sc. degree as it has been mentioned under section 22 (1) of The University Grant Commission (UGC) Act,1956 that the right of conferring or granting degree shall be exercised only by a University established or incorporated by or under a central Act, a Provincial Act or a State Act or an institution deemed to be a University under the section 3 or an institution specially empowered by an Act of the Parliament to confer or grant degree.

Reliance was also placed on the Supreme Court decision in Prof. Yashpal & Anr. v. State of Chattisgarh & Ors wherein it had been held that the right to confer or grant a degree can be exercised only by a University.

" Thus, to confer a degree is solely at the discretion of the University of Calcutta in the instant case. The Supreme Court even laid down a rule of prudence that courts should hesitate to dislodge decision of academic bodies. It would normally be wise and safe for courts to leave the decision of academic matters to the experts who are more familiar with problems they face than the courts as held in D.A.V College v. State of Punjab (1971) 2 SCC 269", the Court further averred. 

The Court further held that the University of Calcutta had not acted in an arbitrary or capricious manner. Accordingly, the Court disposed of the petition by observing, 

"Hence, this Court is not getting into the merits of awarding the D.Sc. degree to respondent no.2 by respondent no.1 since that is the domain and expertise of an education institution like the University of Calcutta, moreover, this court will not get into the technicalities on the basis of which such a degree was awarded to the private respondent."

Background 

In the instant case, the petitioner's wife Anuradha Saha had died on May 28, 1998 due to gross negligence by Dr. Sukumar Mukherjee owing to which the writ petitioner had lodged a complaint before the State Council alleging medical negligence on part of the doctor under the Bengal Medical Act, 1914. 

However, by an order dated June 18, 2002, the State Council had exonerated the doctor of the charges following which the writ petitioner filed a petition challenging the order of the State Council which was dismissed by the High Court as well as the Supreme Court.

The Supreme Court however vide order dated August 7, 2009, had held the concerned doctor to be "primarily responsible" for the death of the petitioner's wife. However, it sustained the judgement of acquittal passed by the Court previously, but opined that the rejection of the writ petitioner's plea for compensation was wrong and accordingly the case was remitted to the commission for the purpose of determining of quantum of compensation.

On October 24, 2013, the Supreme Court awarded highest-ever compensation for the wrongful death of the petitioner's wife with scathing criticisms of the Dr. Mukherjee. The Supreme Court had directed the Kolkata-based AMRI Hospital and three doctors to pay a whopping Rs 5.96 crore compensation along with interest to the petitioner. 

On January 1, 2019, the petitioner discovered from news reports that Dr. Mukherjee had received the prestigious honorary D.Sc., highest academic degree awarded by the respondent university  to people of high moral, professional and personal character in advancement of science thus allegedly undermining the Supreme Court's observation and causing the petitioner great agony.

Case Title: Dr. Kunal Saha v. University of Calcutta & Anr.

Case Citation: 2022 LiveLaw (Cal) 162

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