Full Text
HIGH COURT OF 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.
Through: Ms. Monika Arora, Standing Counsel
Mr. Ranjeet Kumar, Advs.
30.01.2024
JUDGMENT
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 UGC Higher Fellowship Period Overlapping Period Amount for period (Approx. in ₹)
1. Nainy Goel 29.07.2016 to 31.12.2016 01.1.2017 to 31.12.2021 No period No period
2. Nitika Dhingra 31.07.2015 to 21.07.2017 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 05.11.2022 to 05.11.2027 No period No period
4. Nitika Sharma 22.07.2018 to 19.09.2021 19.02.2022 To 19.02.2027 No period No period
5. IIyas Ahmad 08.08.2016 to 08.01.2017 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 31.07.2018 to 30.07.2023 No period No period
7. Tarkeshwar Kumar 03.08.2015 to 05.01.2016 01.01.2016 to 01.01.2016 to 05.01.2016 1,290/-
8. Swapnil Sree 27.07.2017 to 18.02.2022 19.02.2022 to 31.05.2024 No period No period
9. Annu Devi 29.07.2016 to 31.12.2016 01.01.2017 to No period No period 10 Shashi Prakash Singh 28.07.2015 to 30.09.2015 1.10.2015 to 30.09.2020 No period No period
11. Saket Kumar 31.07.2015 to 30.11.2020 Arya 29.11.2020 30.11.2025 period period
12. Abdur Rahman 01.08.2016 to 15.09.2016 15.09.2016 to 15.09.2021 No period No period
13. Afsara Ayub 04.08.2015 to 21.11.2016 to 21.11.2021 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 University[1], 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 University[2], 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. CM APPL. 5366/2024
10. This application does not survive for consideration and is disposed of.