RISHI RAJ OJHA Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) The present writ petition has been filed for quashing the information provided to the petitioner vide letter no.:RTI/6544/16 dtd. 19/9/2016 (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) dtd. 12/11/2016 (Annexure-18 to the writ petition) issued under the signature of the Deputy Secretary and 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 20/11/1999 the petitioner was appointed as routine clerk (Class III post) on compassionate ground in the pay scale of Rs.975.00 1540/- in S. B. College, Chandil. He, accordingly, joined the said post on 22/11/1999. The petitioner was thereafter transferred from the said college to Jamshedpur Workers' College, Jamshedpur vide notification dtd. 24/11/2005, where he joined on 1/12/2005. The petitioner appeared in Joint CSIR-UGC Test for Junior Research Fellowship and National Eligibility Test (NET) for Lectureship held on 23/12/2012 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 19/5/2015, 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 21/3/2015, 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). In the meantime, Registrar, Kolhan University, Chaibasa- respondent no.3 issued a notification on 15/10/2014 that as per decision taken by the Senate in its 25th meeting, the petitioner was granted study leave without pay with effect from 2/1/2015 till 30/6/2015. The petitioner started his Ph.D. work on 1/1/2015 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 17/8/2015 (Annexure-8 to the writ petition).

(3.) It is further submitted that the petitioner was paid Rs.1,51,250.00 as CSIR/UGC fellowship along with contingency for the period from 1/1/2015 to 30/6/2015. 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 dtd. 18/1/2016. In the meantime, the respondent no.3 vide office order no.888 dtd. 30/7/2015 extended extraordinary leave of the petitioner without pay with effect from 1/7/2015 to 31/12/2015. 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 1/7/2015 to 31/12/2015. 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 dtd. 19/9/2016 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 (1/1/2015 to 30/6/2015) was already made to him, the respondent no.4 was being informed separately on that issue. The petitioner was also informed vide letter dtd. 12/11/2016 issued under the signature of the Deputy Secretary and 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.