M ANJANEYULU Vs. UNIVERSITY GRANTS COMMISSION NEW DELHI

JUDGEMENT

(1.) THE first petitioner completed post graduation in Hindi and the second petitioner, post graduation in History. Both of them are visually handicapped. The first petitioner completed M. Phil Course in the University of Hyderabad in the year 1997 and thereafter was admitted as a research Scholar. The second petitioner joined M. Phil Course in the History in the year 1999. Both of them applied to the second respondent and the University grants Commission-the first respondent for grant of Junior Research Fellowship (for short "jrf"), which results in extension of financial aid to complete the Ph. D and M. Phil as the case may be. The second respondent forwarded application to the first respondent.

(2.) THROUGH their letter dated 25. 4. 1997, the first respondent informed the second respondent that no candidate would be eligible for award of Junior Research fellowship unless he has cleared the National evaluation Test (for short "net") conducted by it. Through another communication, dated 6. 12. 1999, the first respondent informed the second respondent that there is no provision to extend financial benefit to the petitioners since they have not cleared the net. The petitioners feel aggrieved by the rejection of their claim by the respondents. It is stated that the first respondent itself exempted the visually handicapped persons from such requirement through their memo, issued in May, 1987. They also state that as recently as in the year 1992 the second respondent extended the benefit of jrf to one Mr. G. Anil Kumar, a visually handicapped candidate. Reference is made to the letter of May, 1987 issued by the first respondent.

(3.) THE first respondent filed a detailed counter-affidavit. It is stated that though exemption was granted from appearing in net in favour of visually handicapped candidates for grant of J. R. F. , the same was withdrawn in the year 1988 through proceedings dated 14/15. 7. 1988. It is also pleaded that the petitioners cannot claim the benefit of JRF or exemption from appearing net as a matter of right. Relevant documents are also enclosed.