Nainy Goel & Ors. vs Jawaharlal Nehru University

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.

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:

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.

The writ petition points out that, as per the judgment of this Court in Sonali Bhatia v. Jawaharlal Nehru University^{11.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,}, 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.

In its subsequent decision dated 22 December 2023 in Farah Shahin v. Jawaharlal Nehru University^{22.Judgment dated 22 December 2023 in W.P.(C) 16704/2023.}, another Bench of this Court extended the relief in Sonali Bhatia to other similarly placed petitioners.

It is, therefore, submitted, on the anvil of the decisions in Sonali 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.

Mr. Saha, learned Counsel for the JNU fairly acknowledges that the dispute is covered by the decisions in Sonali Bhatia and Farah Shahin.

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.

This petition stands allowed accordingly with no order as to costs.

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