[2025:RJ-JP:29391] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 855/2014 1. Bhavesh Kumar Singhwal W/o Shyam Lal Singhwal, aged about 42 Years, Resident of Village and Post Natoz, Tehsil Kathumar, Alwar (Raj.) 2. Dharmendra Kumar Sharma S/o Shri Kailash Chandra Sharma, aged about 33 Years, Resident of 17, Dayal Colony, Ganga Dham Mode, Bassi, Jaipur (Raj.) 3. Amit Kumar Sharma S/o Shri Kailash Chand Sharma, aged about 29 Years, Resident of 28, Printer’s Nagar-II, Sitabari, Tonk Phatak, Jaipur (Raj.) 4. Lalit Sharma S/o Shri Janwari Lal Sharma, aged about 32 years, Resident of Near Government Sr. Sec. School, Sojat Road, Puri. 5. Satya Narayan Sharma S/o Shri Girdharilal Sharma, aged about 26 Years, Resident of Near Krishi Mandi, Amba Colony, Kuchaman City, Nagaur (Raj.) 6. Parag Sharma S/o Shri Gopal Prashad Sharma, aged about 35 Years, Resident of Malarana Chour, Sawai Madhopur (Raj.) 7. Smt. Sunita Gupta W/o Shri Naveen Garg D/o Bajrang Lal Gupta, aged about 33 Years, Resident of 36, G.P. Colony, Sumer Nagar, New Sanganer Road, Mansarovar, Jaipur (Raj.) 8. Sonam Gupta D/o Shri Rajendra Prasad, aged about 25 Years, 94, Awadhpuri, 20 fit Road, Mahesh Nagar, Jaipur (Raj.) 9. Smt. Anu Sharma W/o Shri Purushottam Sharma, aged about 31 Years, Resident of 23, Chand Bihari Nagar, Khatipura Road, Jhotwara, Jaipur (Raj.) 10. Smt. Divya Darshana Shekhawat W/o Shri Pramod Singh Solonki, aged about 29 Years, Resident of C-48, Nirman Nagar, Ajmer Road, Jaipur (Raj.) 11. Smt. Poonam Bist W/o Shri Vijay Singh Negi, aged about 35 Years, Resident of 73, Shankar Colony, Naya Khera, Ambabari, Jaipur (Raj.) 12. Smt. Rachana Sharma W/o Shri Pooran Prakash Sharma, 5/409, SFS Agarwal Farm, Mansarovar, Jaipur (Raj.) 13. Sangeet Kanwar W/o Shri Ramesh Singh, aged about 42 Years, Resident of 10, Bagwan Vihar, Kartarpura, Jaipur (Raj.) [2025:RJ-JP:29391] (2 of 5) [CW-855/2014] 14. Smt. Hemlata Jain W/o Shri Kamal Kumar Jain, agede about 34 Years, Resident of 5/47, Keshri Chand Choudhary Nagar, Ajmer Road, Jaipur (Raj.) 15. Smt. Vishi Maharsi W/o Shri Manish Sharma, aged about 42 Years, Resident of 1171, Kishan Marg, Barkat Nagar, Tonk Phatak, Jaipur (Raj.) 16. Surender Kumar S/o Shri Ranjeet Singh, aged about 31 Years, Resident of R.Q.-14, Ridhi Sidhi-1, Sriganganagar (Raj.) 17. Lokendra Singh S/o Shri Vijay Singh, aged about 33 Years, Resident of 102, Krishna Vihar, Gopal Pura, Byepass, Jaipur (Raj.) 18. Chandra Shekhar Soni S/o Shri Virendra Kumar Soni, aged about 28 Years, Resident of Village and Post Bhabroo, Tehsil Virat Nagar, District Jaipur (Raj.) 19. Gaurav Singh S/o Shri Ram Singh, aged about 27 Years, Resident of Village and Post Pathena, Tehsil Bhusawar, District Bharatpur (Raj.) 20. Smt. Shakuntala Saini W/o Shri Sardarmal Saini, aged about 35 Years, Resident of F-48, Swej Forum, Ram Nagar Vistar, Sodala, Jaipur (Raj.) 21. Smt. Sangeeta Yadav W/o Shri Sunil Kumar, aged about 28 Years, Resident of plot No. 5, Luv-Kush Nagario, Tonk Phatak, Jaipur (Raj.) ----Petitioner Versus 1. University Of Rajasthan through Vice Chancellor, Jawahar Lal Nehru Marg, Jaipur (Raj.) 2. The Registrar, University of Rajasthan, Jawahar Lal Nehru Marg, Jaipur (Raj.) 3. The Convener, UNIRAJ-MPAT-2012, University of Rajasthan, Jawahar Lal Nehru Marg, Jaipur (Raj.) 4. The Head of Department, Department of Education, University of Rajasthan, Jawahar Lal Nehru Marg, Jaipur (Raj.) ----Respondent For Petitioner(s) : Mr. Shailesh Prakash Sharma [2025:RJ-JP:29391] (3 of 5) [CW-855/2014] For Respondent(s) : Mr. RA Katta with Mr. RK Paliwal, Mr. MK Dhakad HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 01/08/2025 1. This petition is filed seeking directions to the respondent- University to pay Ph.D. scholarship. 2. The brief facts are that the petitioners were successful in UNIRAJ-MPAT-2012 examination held for admission in Ph.D. Petitioners were allotted supervisor/guide by the University. In pursuance to the decision of the University Grants Commission (UGC) to give scholarship, office order dated 30.11.2013 was issued stipulating eligibility for the entitlement of scholarship of Rs.8,000/- per month to Ph.D students registered after 02.06.2012. 3. The grievance raised in the present petition is that the petitioners are non-NET candidates, had no other source or fellowship, they were not in job and were also registered for Ph.D. yet the scholarship was not granted. 4. As per reply filed by the University, the scholarship sponsored by UGC is meant for students of University of Rajsthan. 5. The conditions as per office order dated 30.11.2013 are reproduced below:- “1. As per UGC guidelines, the fellowship is to be awarded to the candidates fulfilling the following requirements:- [2025:RJ-JP:29391] (4 of 5) [CW-855/2014] (v) The candidate has to be Non-NET M.Phil./Ph.D. student who have passed the entrance test (MPAT). (vi) The candidate should not be getting any fellowship from any source. (vii) The candidate should not be in any job. (viii) The candidate should be registered for Ph.D. or admitted in M.Phil. in P.G. Department/Centre of the University on or after 02.6.2012.” 6. For the Ph.D. students, the first condition provided was that the candidate should be non-NET and must have passed entrance test (MPAT); second condition is that candidate should not be getting fellowship from any other source; thirdly the candidate should not be in job and lastly, candidate should be registered for Ph.D. or admitted in M.Phil. in PG Department of the university on or after 02.06.2012. 7. The reply filed by the university is on the basis of the last condition in which the condition is that candidate should be registered in Ph.D. or admitted in M.Phil in PG Department Centre of University. The language of the condition is clear that the candidates registered for Ph.D. and admitted in M.Phil in PG Department of the University after 02.06.2012 both are eligible for scholarship. The word ‘or’ is used and both the conditions are independent. 8. The stand of the University is that scholarship can be given only to the students of the PG Department of University of Rajasthan is not justified and is not as per the conditions in the office order. [2025:RJ-JP:29391] (5 of 5) [CW-855/2014] 9. The another aspect to be considered that supervisor/guide are allotted by the university and candidate has no control over it. If the stand of the university is taken to the logical end, allocation of the supervisor itself shall give an unbridled power to make a candidate ineligible for the scholarship. 10. The petition is disposed of with direction that university shall consider the case of each of the petitioner individually for determining the eligibility for scholarship. The decision shall be taken within six weeks from receipt of certified copy of the order. 11. In eventuality of petitioner being found to entitle, the payment shall be made within six weeks thereafter. 12. It will be open for the university to take the effective steps to ensure that money if payable, is available and may approach UGC for this. (AVNEESH JHINGAN),J Chandan/36