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Jharkhand High Court · body

2022 DIGILAW 235 (JHR)

Rishi Raj Ojha v. Ranchi University, Ranchi, through its Registrar

2022-02-28

RAJESH SHANKAR

body2022
ORDER : 1. The present writ petition has been filed for quashing the information provided to the petitioner vide letter no.:RTI/6544/16 dated 19th September, 2016 (Annexure-16 to the writ petition) issued under the signature of the Public Information Officer, Ranchi University, Ranchi, whereby it has been alleged against the petitioner that he has received junior research fellowship (in short ‘J.R.F.’) by suppressing vital facts, since a permanent Class III employee is not entitled for JRF. The petitioner has also challenged the information provided to him vide letter no.F.12-48/2016 (RTI-SA-I) dated 12th November, 2016 (Annexure-18 to the writ petition) issued under the signature of the Deputy Secretary & PIO, University Grants Commission (UGC), New Delhi that as per the JRF guidelines, a fellow shall not accept/hold any emolument from any other source during the tenure of the award and those candidates who are registered for Ph.D. on part-time basis are not entitled for JRF. 2. Mr. Rajesh Kumar, learned counsel for the petitioner, submits that on 20th November, 1999 the petitioner was appointed as routine clerk (Class III post) on compassionate ground in the pay scale of Rs.975-1540/- in S. B. College, Chandil. He, accordingly, joined the said post on 22nd November, 1999. The petitioner was thereafter transferred from the said college to Jamshedpur Workers’ College, Jamshedpur vide notification dated 24th November, 2005, where he joined on 1st December, 2005. The petitioner appeared in Joint CSIR-UGC Test for Junior Research Fellowship and National Eligibility Test (NET) for Lectureship held on 23rd December, 2012 in which he was declared successful securing 76th rank out of 654 candidates in the subject- Chemical Sciences under UGC Fellowship Scheme in addition to his being declared successful in the NET for lectureship in the said subject. The petitioner is a disabled person having 45% disability. On 19th May, 2015, the Deputy Registrar, Ranchi University, Ranchi directed the petitioner to submit requisite fee for registration in Ph.D. Thereafter, on recommendation of the Head and Dean of the concerned faculty and as per the decision taken in the meeting of Post Graduate Research Council, Ranchi University, Ranchi held on 21st March, 2015, the Vice Chancellor accorded permission to the candidates as per the list attached for Ph.D. registration with effect from the date mentioned against their respective names. The petitioner was granted registration for Ph.D. (part-time). The petitioner was granted registration for Ph.D. (part-time). In the meantime, Registrar, Kolhan University, Chaibasa-respondent no.3 issued a notification on 15th October, 2014 that as per decision taken by the Senate in its 25th meeting, the petitioner was granted study leave without pay with effect from 2nd January, 2015 till 30th June, 2015. The petitioner started his Ph.D. work on 1st January, 2015 under his Guide-Dr. Trilochan Mahto, Assistant professor, Department of Chemistry, P. P. K. College, Bundu, Ranchi, as would be evident from the certificate issued by the said Guide on 17th August, 2015 (Annexure-8 to the writ petition). 3. It is further submitted that the petitioner was paid Rs.1,51,250/- as CSIR/UGC fellowship along with contingency for the period from 1st January, 2015 to 30th June, 2015. The said fact would be evident from the communication made by the Registrar, Ranchi University, Ranchi-respondent no.1 to the Branch Manager, Canara Bank, Main Branch, Ranchi dated 18th January, 2016. In the meantime, the respondent no.3 vide office order no.888 dated 30th July, 2015 extended extraordinary leave of the petitioner without pay with effect from 1st July, 2015 to 31st December, 2015. Since the petitioner was not paid JRF for the subsequent period, he represented the University Grants Commission, New Delhi- respondent no.4 for release of the same for the period from 1st July, 2015 to 31st December, 2015. Despite repeated requests of the petitioner, the respondent authorities did not pay the said amount of JRF to him. Subsequently, in response to his application filed under Right to Information Act, 2005, he was informed vide impugned letter no.6544 dated 19th September, 2016 issued by the Public Information officer, Ranchi University, Ranchi that he had received JRF by suppressing vital fact, as Class III employee was not eligible for JRF and since the payment of JRF for six months (1st January, 2015 to 30th June, 2015) was already made to him, the respondent no.4 was being informed separately on that issue. The petitioner was also informed vide letter dated 12th November, 2016 issued under the signature of the Deputy Secretary & PIO, University Grants Commission that as per JRF guidelines, a fellow is not to accept/hold any emolument from any other source during the tenure of the award. Moreover, the candidates who are registered for Ph.D. on part-time basis are not entitled for JRF fellowship. 4. Moreover, the candidates who are registered for Ph.D. on part-time basis are not entitled for JRF fellowship. 4. According to the learned counsel for the petitioner, though the petitioner was in employment under the respondent no.3, however, he did not receive any emolument connected to his Class III post, as would be evident from the notifications dated 15th October, 2014 and office order dated 30th July, 2015 by which the petitioner was granted extraordinary leave without pay for pursuing his Ph.D. Moreover, the JRF guidelines do not disentitle any candidate registered for Ph.D. on part-time basis from receiving JRF. 5. Dr. Ashok Kumar Singh, learned counsel for the respondent nos.1 to 3, as well as Mr. Prasenjit Mahto, learned counsel for the respondent no.4, while justifying the stand of the respondents, jointly submit that since the petitioner was in employment under the respondent no.3 during the period he was pursuing his Ph.D., he is not entitled for JRF which otherwise is not admissible to a part-time Ph.D. candidate. A copy of JRF guidelines of University Grants Commission has been annexed with the counter affidavit filed on behalf of the respondent no.4. Learned counsel for the respondent no.4 refers to relevant paragraph of the said guideline, which reads as under:- “The fellow shall not undertake any paid assignment during the tenure of the fellowship (Except in case of leave without fellowship upto one academic year during the entire tenure.” 6. On the basis of the said stipulation made in the guideline, it is submitted by the learned counsel for the respondent no.4 that since the petitioner was in the paid assignment during period of his fellowship (Ph.D.), he will not be entitled for the same. 7. This Court does not find substance in the said submission of learned counsel for the respondents. Plain reading of the said provision made in the JRF guidelines suggests that a fellow is not entitled to undertake paid assignment during the tenure of fellowship. It is not in dispute that the petitioner was not paid any emolument/salary attached to his post under the respondent no.3 during the period from 1st January, 2015 to 31st December, 2015 i.e. the period during which he pursued Ph.D., as he left pursuing Ph.D. with effect from 1st January, 2016 due to death of his guide- Dr. Trilochan Mahto. 8. Trilochan Mahto. 8. Moreover, learned counsel for the respondent nos.1 to 3 as well as respondent no.4 have not been able to show any provision in the JRF guidelines that the candidates who are registered for Ph.D. on part-time basis are not entitled for JRF, as has been mentioned in the impugned letter/information dated 12th November, 2016 issued by the Deputy Secretary & PIO, University Grants Commission, New Delhi. 9. Thus, in considered view of this Court, since, admittedly, the petitioner did not receive any emolument/salary from 1st January, 2015 to 31st December, 2015 i.e. the period during which he pursued Ph.D., he cannot be deprived of receiving JRF for the said period. 10. Accordingly, the impugned letter dated 19th September, 2016 (Annexure-16) cannot be sustained in law and the same is hereby quashed. So far as the impugned letter/information dated 12th November, 2016 (Annexure-18), wherein it has been stated that the candidates who are registered for Ph.D. on part-time basis are not entitled for JRF, being contrary to the JRF guidelines is also quashed. 11. The University Grants Commission and Ranchi University, Ranchi are directed to make payment of JRF to the petitioner for the period from 1st July, 2015 to 31st December, 2015 within one month from the date of receipt/production of a copy of this order. 12. The writ petition is, accordingly, allowed.