Nainy Goel & ORS. v. Jawaharlal Nehru University

$~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 Fellowship Period Overlapping Period Amount for Overlapping period (Approx. in ₹) 1.

Nainy Goel 29.07.2016 to 31.12.2016 UGC Higher Fellowship Period No Overlapping period 2.

Nitika Dhingra 31.07.2015 to 21.07.2017 01.1.2017 to 31.12.2021 No Overlapping period 29.05.2017 to 29.05.2022 29.05.2017 to 21.07.2017 12,871/- 3.

Datngenlut Suchiang 25.01.2022 to 31.10.2022 No Overlapping period 4.

Nitika Sharma 22.07.2018 to 19.09.2021 05.11.2022 to 05.11.2027 No Overlapping period No Overlapping period 5.

IIyas Ahmad 08.08.2016 to 08.01.2017 19.02.2022 To 19.02.2027 No Overlapping period 06.01.2017 to 31.01.2022 06.01.2017 to 08.01.2017 500/- 6.

Jyoti Phulera 27.07.2013 to 05.01.2017 No Overlapping period 7.

Tarkeshwar Kumar 03.08.2015 to 05.01.2016 31.07.2018 to 30.07.2023 No Overlapping period 01.01.2016 to 31.12.2021 01.01.2016 to 05.01.2016 1,290/- 8.

Swapnil Sree 27.07.2017 to 18.02.2022 No Overlapping period 9.

Annu Devi 29.07.2016 to 31.12.2016 19.02.2022 to 31.05.2024 No Overlapping period No Overlapping period Shashi Prakash Singh 01.01.2017 to 31.12.2021 No Overlapping period No Overlapping period 11.

Saket Kumar 28.07.2015 to 30.09.2015 1.10.2015 to 30.09.2020 No Overlapping period 31.07.2015 to 30.11.2020 to No Overlapping No Overlapping

Arya 29.11.2020 30.11.2025 period period 12.

Abdur Rahman 01.08.2016 to 15.09.2016 No Overlapping period 13.

Afsara Ayub 04.08.2015 to 21.11.2016 15.09.2016 to 15.09.2021 No Overlapping period 21.11.2016 to 21.11.2021 21.11.2016 to 28.02.2017 16,666/- 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 1 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, 2 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.

CM APPL. 5366/2024 10.

This application does not survive for consideration and is disposed of.

C.HARI SHANKAR, J JANUARY 30, 2024 rb Click here to check corrigendum, if any