P THULASIDHASS Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THE petitioner pursuing his Ph.D. (Provisional) first year in the Centre for International Legal Studies (CILS), School of International Studies, Jawaharlal Nehru University (JNU) filed this petition impugning the process of selection of candidates to the Fox International Fellowship 2010-2011 and seeking stay of the recommendations made therefor.

(2.) THE petition came up before this Court first on 7th May, 2010 when this Court asked for the records to be produced by the respondent University. On 18th May, 2010, the counsel for the respondent University informed that four students had been selected by the Selection Committee for Fox International Fellowship against two names and placed the Minutes of the Meeting of the Committee constituted by the Vice-Chancellor for award of Fox International Fellowship for the year 2010-2011 before this Court. This Court was also told that of the four students, only one namely Ms. Abha Yadav had been finally chosen by the Yale University, USA (in conjunction with whom the respondent University grants the said Fellowship) to receive Fox International Fellowship for the year 2010-2011. Accordingly, the said Ms. Abha Yadav was impleaded as a respondent but interim relief of restraining further movement as sought was not granted to the petitioner. THE petitioner preferred SLP(C) No.17265/2010 to the Apex Court which was converted into Civil Appeal No.6726/2010 and disposed of vide order dated 16th August, 2010; though no interim relief was granted but petitioner was permitted to present his case in person. THE petitioner appeared before this Court on 15th September, 2010 and again sought stay of the award of the Fellowship. However, the counsel for the respondent University informed that Ms. Abha Yadav had proceeded abroad upon the grant of scholarship. THE said Ms. Abha Yadav failed to appear inspite of notice. THE respondent University has filed its counter affidavit and to which a rejoinder has been filed by the petitioner. THE counsels have been heard. After the close of hearing, the petitioner filed another application with respect to the Fellowship for the year 2011-12. It was his case that his application for the year 2011-12 had been rejected. THE counsel for the respondent University informed that only those candidates studying between 3rd to 6th Semester of M.Phil/Ph.D. were entitled to apply and the petitioner having proceeded beyond 6th Semester was not eligible to apply. THE said position was controverted by the petitioner. As such the pleadings on the said application have also been completed.

(3.) THE petitioner claims to have been assured that he could apply for the Fellowship in the year 2010-2011; he however claims that no information in this regard was published till 17th February, 2010; that he was on 18th February, 2010 informed that applications for the Fellowship were being accepted; on enquiry, though he was told that a notification dated 7th January, 2010 and reminder dated 12th February, 2010 had been issued in this regard but according to the petitioner the same were not published. THE petitioner further claims that this year also the Chairperson showed diffidence in entertaining his application; that however on his persistence his application was forwarded and he was called for an interview on 2nd March, 2010. THE petitioner claims that no questions were put to him in the interview and his academic merit was not considered; that the results also were not declared till the filing of this petition on 4th May, 2010.