Prerna Pradan Vs Jnu

1
$~28, 29, 33 & 34

* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16713/2022 & CM APPLs. 52742/2022 & 23392/2023
PRERNA PRADHAN ..... Petitioner
Through: Mr. Azad Bansala and Ms. Prakriti
Rastogi, Advocates
Versus
JAWAHARLAL NEHRU UNIVERSITY & ANR. ..... Respondents
Through: Ms. Monika Arora, Mr. Yash Tyagi and
Mr. Subhrodeep, Advocates for JNU
Mr. Apoorv Kurup, Ms. Kirti Dadeech & Mr.
Ojaswa Pathak, Advocates for UGC
+ W.P.(C) 16770/2022 & CM APPL 25415/2023

SUNNY DHIMAN ..... Petitioner
Through: Ms. Prakriti Rastogi and Mr. Azad
Bansala, Advocates
Versus
JAWAHARLAL NEHRU UNIVERSITY THROUGH ITS
REGISTRAR & ORS. ..... Respondents
Mr. Jasbir Bidhuri, Advocate for respondent No.3
+ W.P.(C) 594/2023 & CM APPLs. 2320/2023, 4040/2023,

15233/2023 & 24093/2023
KRISHNA KUMAR VERMA ..... Petitioner

Through: Ms. Prakriti Rastogi and Mr. Azad
Bansala, Advocates
This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/02/2024 at 10:56:20
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Versus
JAWAHARLAL NEHRU UNIVERSITY

THROUGH ITS
REGISTRAR ..... Respondent
+ W.P.(C) 2086/2023
SONALI BHATIA & ORS. ..... Petitioners
Through: Mr. Abhik Chimini, Mr. Mukul & Mr.
Saharsh Saxena, Advocates
Versus
JAWAHARLAL NEHRU UNIVERSITY & ANR. ..... Respondents

Through: Ms. Ginny J. Rautray, Mr. Navdeep
Singh & Ms. Tanvi Bansal, Advocates for JNU
Mr. Apoorv Kurup, Ms. Kirti Dadeech, Mr.
Ravikesh K. Sinha, & Mr. Ojaswa Pathak,
Advocates for UGC
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 16.05.2023
1. Since a common issue relating to entitlement of non-NET fellowship

scholarship is involved in the present petitions, therefore, the same is being
decided by this common order. For the sake of clarity, the facts are taken
from the petition being W.P.(C) 594/2023.

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2. The contesting respondent, i.e., respondent No.1-Jawaharlal Nehru

University has filed its counter in all cases except the petition being W.P.(C)
2086/2023.
3. The petitioner in petition being W.P.(C) 594/2023 seeks to challenge
the impugned letter dated 04.01.2023 passed by the respondent No.1-
University. The petitioner also prays for the direction to the respondent
No.1-University to allow the petitioner to submit Ph.D. thesis without
raising any demands for recovery of the non-NET fellowship received
during the non-overlapping period.
4. The facts of the present case indicate that the petitioner took
admission in respondent No.1-University on 25.07.2014 in an integrated
M.Phil.-Ph.D. programme in the Centre for International Politics,
Organization and Disarmament, School of International Studies. The
petitioner received a non-NET fellowship between 01.05.2016 to
31.12.2018. It is the case of the petitioner that while he was getting non-
NET fellowship from respondent No.1-Univeristy he also applied for NET-
JRF which was awarded to him vide letter dated 29.04.2019 for the period
commencing from 05.01.2019 to 04.01.2024.
5. The petitioner thereafter, continued to avail NET-JRF for the period
from January, 2019 to December, 2022 without any interruptions. When the
petitioner completed his research work and was to submit his Ph.D. thesis,
he was required to obtain “no dues” certificate from the concerned Section
of the respondent No.1-University. The petitioner was informed that he has
to repay a sum of Rs.3 lakh to obtain the “no-dues” certificate. The
petitioner was explained that since he was already availing non-NET
fellowship for two years, i.e., from 01.05.2016 to 31.12.2018, therefore, he

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was not entitled for obtaining any further fellowship/scholarship. When the
petitioner made a written representation with respect to his grievance, the
same was decided by the impugned letter dated 04.01.2023 raising a demand
of Rs.1,67,677/- as a pre-condition for issuing the “no-dues” certificate.
6. The petitioner has challenged the impugned letter dated 04.01.2023
on the ground that the same is illegal and arbitrarily. According to learned
counsel for the petitioner, the petitioner was found entitled to avail the
fellowship known as non-NET fellowship and in the meantime, if he starts
getting any other fellowship/scholarship, the same cannot be the reason for
withdrawal of the benefits under non-NET fellowship, retrospectively.
According to him, in any case, the petitioner has no objection if the earlier
fellowship/scholarship i.e. non-NET fellowship is discontinued from the
date he started availing the other fellowship/scholarship. He, therefore,
submits that under the facts of the present case, when the very purpose of
grant of fellowship/scholarship is to assist the students in completing their
course and another better fellowship/scholarship, if availed, the same cannot
be the reason to his detriment.
7. Learned counsel appearing on behalf of the respondent No.1-
University opposes the submissions made by learned counsel for the
petitioner. She states that if the scheme of the non-NET fellowship is
perused, the same would indicate that the scheme is applicable only for a
period of five years. She, therefore, submits that as per the office order dated
11.02.2008 of the JNU, it is evident that the non-NET fellowship is
approved by University Grants Commission vide letter dated 01.02.2007.
She further submits that the conditions applicable for grant of non-NET
fellowship would clearly indicate that the candidate is not entitled to avail

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two scholarships within a period of five years. According to her, within a

period of five years, there are two scholarships sought to be availed by the
petitioner, one under the scheme of non-NET fellowship and second is under
another scheme. She, therefore, submits that if the petitioner intends to avail
the benefits of any other fellowship/ scholarship, the petitioner will have to
return the amount of fellowship which he has obtained/availed under non-
NET fellowship. She has also taken this court through the relevant clauses to
make her submissions good.
8. I have considered the submissions made by learned counsel appearing
on behalf of the parties and have perused the record.
9. The communication dated 11.02.2008 which is relied upon by learned
counsel for the respondent No.1-University would indicate that the
fellowship will be effective from the date of admission or from 01.04.2007,
whichever is later in case of continuing students, as the case may be. The
communication dated 11.02.2008 reads as under:-
“Dear Sir/Madam,
As you are aware, the University Grants Commission vide their
letter No. F.19-3.3/2008(CU) dated 1st February 2007, conveyed
to the University that the Commission has approved a scheme of
fellowship to the M.Phil and Ph.D scholars who are not in receipt
of any fellowship/scholarship as per details given below:
i) Fellowship for fulltime Ph.D Rs.5,000/- per

month–Rs.8000/-
p.m.
ii) Fellowship for full-time M.Phil Rs.3,000/- per
Month–Rs.5000/-
p.m.

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iii) Contingency Rs.10,000/-p.a. for

Sciences subject
and Rs.8000/-p.a.
for Humanities &
Social Sciences
The Fellowship will be effective from the date of admission or from

1.4.2017 whichever is later in case of continuing students as the case
may be.
Initially, office orders for fellowship were issued by the Co-

ordinator's office for award of said fellowship subject to the
following conditions:
i) Student who are not in receipt of any fellowship from any other
source.
il) On his/her getting employment or getting any other fellowship,

the fellowship awarded to him/her will discontinue.
iii) During the period of fellowship he/she will not be eligible to take
up any job or pursue any after full-time course in any other
University/Institute.
iv) The award of fellowship will be subject to satisfactory academic

performance of the student on semester to semester basis:
v) In case the student has already availed MCM-JNU or any other

scholarship the disbursement will be made to him/her after adjusting
the amount paid to him/her.
vi) Foreign Nationals students are not covered under this scheme for
award of said fellowship.
vii) In case of students who have submitted their M.Phil dissertation

and obtained degrees but not confirmed in their Ph.D programme,
they will be offered fellowship @Rs,3000/-p.m and It shall be revised
to Rs.5000/- p.m when they are confirmed to Ph.D programme.

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viii) Duration of the fellowship is maximum five years including

M.Phil as well as the period under clause 9(b) of the Ordinance
irrespective of the fact as to whether this commences immediately
after the normal studentship of five year since registration to the
M.Phil/Ph.D programme or at a later date.
ix) Any student what was availed of UGC/CSIR or any other

fellowship for the maximum permissible period, this fellowship may
not be awarded.
It has been decided that all School/Special Centres will issue

office order for continuance of fellowship, after ascertaining the
eligibility criteria from the current semester i.e. Winter Semester
2007-08 (beginning January, 2008) onwards you may, therefore,
take appropriate action on the matter.
With kind regards.”
10. In the instant case, the petitioner has availed the benefits of the
fellowship after 01.04.2007. The other conditions would also indicate that
on the date of availing the benefits, the students should not be in receipt of
any fellowship/ scholarship from any other source. It is seen that in the
instant case, the same is not the reason for directing the refund of the amount
under the fellowship. The petitioner is admittedly not in receipt of any
fellowship/ scholarship from any other source on the date when the
fellowship under the scheme of non-NET fellowship was availed by him.
11. Much emphasis has been laid by learned counsel for the respondent
No.1-University on condition No. ix of the communication dated 11.02.2008
which states that any student who has availed UGC/CSIR or any other
fellowship for the maximum permissible period, this fellowship may not be
awarded.

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12. A reading of the said clause nowhere disentitles the petitioner either
from availing any other fellowship/ scholarship under any other scheme or
further disentitles him to continue to avail the benefits under the non-NET
fellowship. To put it differently, there is no clause under
Circular/Communication dated 11.02.2008 to disentitle the candidates from
availing benefits under the scheme of non-NET fellowship in case they avail
any other fellowship/ scholarship under any other scheme subsequent to this
non-NET fellowship/scholarship. It is thus seen that the reason assigned by
the respondent No.1-University for refund of already availed benefits under
the non-NET fellowship is not supported by any instructions or legal basis.
13. In the instant case, what is to be considered is that the petitioner has
continued to avail the benefits under non-NET fellowship till a particular
date. He, thereafter, was found entitled for another fellowship/scholarship
under a different scheme. The date from which the petitioner has been found
to be entitled for another scheme, he undoubtedly is not entitled for the
benefits under the present non-NET fellowship thereafter.
14. It is thus seen that there is no overlapping period during which the
petitioner seeks to avail the benefits under two different schemes. It is for
this reason that the entire approach of the respondent No.1-University seems
to be against the basic principles of grant of fellowship/scholarship. The
impugned letter dated 04.01.2023 is, therefore, set aside.
15. It is also to be noted that there are other connected cases, which also
involve similar controversy. Since the facts have been referred from the
petition being W.P.(C) 594/2023, therefore, the same are not required to be
dealt with separately except to observe that the petitioners in each case are
entitled to avail the benefits under the scheme of non-NET fellowship till

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they start obtained benefit under any other scheme.

16. If there is any overlapping period, the respondent No.1-University is
entitled to recover the said amount with respect to non-NET fellowship.
Otherwise, there is no reason not to accept the Ph.D. thesis or to allow the
petitioners to continue their research in accordance with relevant Ordinance
or Regulations.
17. There appears to be some correspondence between the University and
the University Grants Commission. On the basis of such correspondence,
learned counsel for the respondent No.1-University tries to indicate that
since the benefits under the Scheme were conferred as approved by the
University Grants Commission, and thereafter, unless the University Grants
Commission grants further approval, the respondent No.1-University may
not be in a position to continue the benefits to the petitioners under non-NET
fellowship.
18. This contention of the respondent No.1-University needs to be
rejected for the reason that the petitioners are found entitled by this court to
avail the benefits of non-NET fellowship till the date they started getting any
other fellowship/ scholarship under any other scheme. It is between the
University and the University Grants Commission to correct their
understanding and complete their record. Nothing more is required to be
stated.
19. Needless to state that in case any of the petitioners have deposited the
fellowship which they had already availed of, and if the same does not form
part of the overlapping period, the same be refunded to respective petitioners
within two months from the date of receipt of the copy of this order.

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20. With the aforesaid directions, the petitions stand disposed of

alongwith pending applications.
PURUSHAINDRA KUMAR KAURAV, J

MAY 16, 2023
p’ma


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1

$~28, 29, 33 & 34

+ W.P.(C) 16770/2022 & CM APPL 25415/2023

+ W.P.(C) 594/2023 & CM APPLs. 2320/2023, 4040/2023,

KRISHNA KUMAR VERMA ..... Petitioner

This is a digitally signed order.

JAWAHARLAL NEHRU UNIVERSITY

JAWAHARLAL NEHRU UNIVERSITY & ANR. ..... Respondents

1. Since a common issue relating to entitlement of non-NET fellowship

This is a digitally signed order.

2. The contesting respondent, i.e., respondent No.1-Jawaharlal Nehru

This is a digitally signed order.

This is a digitally signed order.

two scholarships within a period of five years. According to her, within a

i) Fellowship for fulltime Ph.D Rs.5,000/- per

This is a digitally signed order.

iii) Contingency Rs.10,000/-p.a. for

The Fellowship will be effective from the date of admission or from

Initially, office orders for fellowship were issued by the Co-

il) On his/her getting employment or getting any other fellowship,

iv) The award of fellowship will be subject to satisfactory academic

v) In case the student has already availed MCM-JNU or any other

vii) In case of students who have submitted their M.Phil dissertation

This is a digitally signed order.

viii) Duration of the fellowship is maximum five years including

ix) Any student what was availed of UGC/CSIR or any other

It has been decided that all School/Special Centres will issue

With kind regards.”

This is a digitally signed order.

This is a digitally signed order.

they start obtained benefit under any other scheme.

This is a digitally signed order.

20. With the aforesaid directions, the petitions stand disposed of

PURUSHAINDRA KUMAR KAURAV, J

This is a digitally signed order.

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