J.Nathi v. The University Grant Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Dr.J.Nathi : Petitioner Vs.

1. The University Grant Commission, Rep. by its Secretary, Bahadur Shah Zafar Marg, New Delhi 110 002.

2. The Bharathidasan University,, Rep. by its Registrar, Tiruchirappalli, Tiruchirappalli District.

3. The Principal, Kongu Arts and Science College, Deeram Cinnamalai Nagar, Vennimalai, Karur.

4. The Branch Manager, Canara Bank, Gandhigramam Rural University Branch, Chinnalapatti, Dindigul District.

: Respondents 1/6

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to sanction and disburse the petitioner pending dues of Junior Research Fellowship/ Senior Research Fellowship funds including all other funds admissible to the petitioner for the period between May 2018 and January 2021 by considering the representation of the petitioner dated 05.02.2024 within a time frame fixed by this Hon'ble Court. For Petitioners : Mr. T.Cibichakraborthy For Respondents : Mr.P.Karthick for R1 Mr.V.R.Shanmuganathan for R2 Mr.N.Shanmugaselvam for R3 Mr.V.Balasubramanian for R4

O R D E R

The petitioner has filed this Writ Petition seeking a mandamus, directing the respondents to sanction and disburse the pending dues of Junior Research Fellowship/ Senior Research Fellowship funds including all other funds admissible to her for the period between May 2018 and January 2021, by considering her representation dated 05.02.2024.

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2. The petitioner is working as a Guest Lecturer in the Department of Tamil at Dr. Kalaingar Arts College, Kuzhithurai. She applied for the five-year program by registering for the UGC - NET Junior Research Fellowship (JRF) Examination and successfully passed the said examination under the General category on 29.09.2015. The petitioner submitted all the required documents to the fourth respondent bank for disbursement of JRF funds and the UGC approved payments between January 2016 and April 2018. However, in 2017, the UGC introduced an online system for updating research scholar information, but neither the second respondent University nor the third respondent College updated this information, preventing further disbursements. In 2019, the petitioner's bank account was closed without notice.

After the third respondent college gained recognition under the UGC Act in 2021, the petitioner continued efforts to claim the JRF funds, but despite numerous representations and RTI queries, no payment was made. In this regard, the petitioner submitted a representation dated 05.02.2024. However, since no action has been taken, the petitioner has now filed the present Writ Petition.

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3. Heard both sides.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 05.02.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open 4/6

to the second respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 18.02.2025 Index : Yes / No Internet : Yes / No PKN To

1. The University Grant Commission, Rep. by its Secretary, Bahadur Shah Zafar Marg, New Delhi 110 002.

2. The Bharathidasan University,, Rep. by its Registrar, Tiruchirappalli, Tiruchirappalli District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.9700 of 2024 18.02.2025 6/6