Delhi High Court
Nainy Goel & Ors. vs Jawaharlal Nehru University on 30 January, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~261
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1310/2024
NAINY GOEL & ORS. .... Petitioners
Through: Mr. Abhik Chimni, Mr. Saharsh
Saxena, Mr. Anant Khajuria and Ms. Riya
Pahuja, Advs.
versus
JAWAHARLAL NEHRU UNIVERSITY ..... Respondent
Through: Ms. Monika Arora, Standing
Counsel with Mr. Subhro Deep Saha and
Mr. Ranjeet Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 30.01.2024
W.P.(C) 1310/2024
1. The petitioners were registered in M.Phil./ Ph.D. programs in
the centres of Jawaharlal Nehru University (JNU). From the date of
their admission, the petitioners were receiving the UGC non-NET
(National Eligibility Test) fellowships from the JNU. Thereafter, the
petitioners qualified in the UGC NET examination and started
receiving the UGC fellowship for JRF/MANF/NFSC/SVSGC/NFST
from the UGC. The petition refers to this second fellowship as the
"UGC Higher Fellowship" and this order also uses the same
terminology.
2. As there was certain period for which both the fellowships
overlapped, the overlapping amount was recoverable from some of the
petitioners. The following tabular statement has been provided in the
petition regarding the extent to which recoveries could be made from
the petitioners:
S.No. Petitioner NON-NET UGC Overlapping Amount for
Fellowship Higher Period Overlapping
Period Fellowship period
Period (Approx. in
₹)
1. Nainy Goel 29.07.2016 01.1.2017 No No
to to Overlapping Overlapping
31.12.2016 31.12.2021 period period
2. Nitika 31.07.2015 29.05.2017 29.05.2017 12,871/-
Dhingra to to to
21.07.2017 29.05.2022 21.07.2017
3. Datngenlut 25.01.2022 05.11.2022 No No
Suchiang to to Overlapping Overlapping
31.10.2022 05.11.2027 period period
4. Nitika 22.07.2018 19.02.2022 No No
Sharma to To Overlapping Overlapping
19.09.2021 19.02.2027 period period
5. IIyas 08.08.2016 06.01.2017 06.01.2017 500/-
Ahmad to to to
08.01.2017 31.01.2022 08.01.2017
6. Jyoti 27.07.2013 31.07.2018 No No
Phulera to to Overlapping Overlapping
05.01.2017 30.07.2023 period period
7. Tarkeshwar 03.08.2015 01.01.2016 01.01.2016 1,290/-
Kumar to to to
05.01.2016 31.12.2021 05.01.2016
8. Swapnil 27.07.2017 19.02.2022 No No
Sree to to Overlapping Overlapping
18.02.2022 31.05.2024 period period
9. Annu Devi 29.07.2016 01.01.2017 No No
to to Overlapping Overlapping
31.12.2016 31.12.2021 period period
10 Shashi 28.07.2015 1.10.2015 No No
Prakash to to Overlapping Overlapping
Singh 30.09.2015 30.09.2020 period period
11. Saket 31.07.2015 30.11.2020 No No
Kumar to to Overlapping Overlapping
Arya 29.11.2020 30.11.2025 period period
12. Abdur 01.08.2016 15.09.2016 No No
Rahman to to Overlapping Overlapping
15.09.2016 15.09.2021 period period
13. Afsara 04.08.2015 21.11.2016 21.11.2016 16,666/-
Ayub to to to
21.11.2016 21.11.2021 28.02.2017
3. On the ground that, by virtue of Office Order dated 11 February
2008 issued by the JNU, it was not permissible to avail scholarship
from the UGC or the Union Government for a period in excess of five
years, the JNU recovered the entire UGC non-NET fellowship amount
paid to the petitioners.
4. The writ petition points out that, as per the judgment of this
Court in Sonali Bhatia v. Jawaharlal Nehru University1, a student
could avail the UGC non-NET fellowship till the point where he
qualified to get benefit under any other fellowship and recovery of the
amount paid under the UGC non-NET fellowship could be made only
to the extent there was an overlapping period during which the student
received the amount under both the fellowships.
5. In its subsequent decision dated 22 December 2023 in Farah
Shahin v. Jawaharlal Nehru University2, another Bench of this Court
extended the relief in Sonali Bhatia to other similarly placed
petitioners.
6. It is, therefore, submitted, on the anvil of the decisions in Sonali
Judgment dated 16 May 2023 in W.P.(C) 16713/2022, W.P.(C) 16770/2022, W.P.(C) 594/2023
and W.P.(C) 2086/2023,
Judgment dated 22 December 2023 in W.P.(C) 16704/2023.
Bhatia and Farah Shahin, that the recoveries made from the
petitioners in excess of the amounts shown in the table extracted in
para 2 supra, be directed to be returned to them.
7. Mr. Saha, learned Counsel for the JNU fairly acknowledges that
the dispute is covered by the decisions in Sonali Bhatia and Farah
Shahin.
8. Accordingly, the JNU is directed to return, forthwith to the
petitioners, the amounts recovered from them in excess of the amounts
reflected in the table extracted in para 2 supra within a period of four
weeks from today.
9. This petition stands allowed accordingly with no order as to
costs.
10. This application does not survive for consideration and is
disposed of.
C.HARI SHANKAR, J
JANUARY 30, 2024
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