ANAND KUMAR SINGH vs JAMIA MILLIA ISLAMIA THROUGH PROF. MR. EQBAL HUSSAIN OFFICIATING VICE CHANCELLOR & ORS.
$~302
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 219/2024
ANAND KUMAR SINGH ….. Petitioner
Through: Mr. Piyush Gupta, Mr. Jai Saini, Ms. Isha Kapoor and Mr. Karan Aggarwal, Advs.
versus
JAMIA MILLIA ISLAMIA THROUGH
PROF. MR. EQBAL HUSSAIN OFFICIATING
VICE CHANCELLOR & ORS. ….. Respondents
Through: Mr. Pritish Sabharwal, Standing Counsel with Mr. Sharad Pandey, Ms. Shweta Singh and Ms. Pooja, Advs. for JMI
Mr. Syed Abdul Haseeb, SPC for UOI
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 07.02.2024
CONT.CAS(C) 219/2024
1. This contempt petition seeks initiation of contempt proceedings against Respondent 1, the Jamia Millia Islamia (JMI), for non-compliance with the order dated 15 May 2023, passed by this Court in W.P.(C) 4158/2022.
2. The dispute relates to fellowship claimed by the petitioner, who was a Senior Resident Fellow in the JMI from November 2021 onwards. The JMI had sought to contend before this Court on 15 May 2023 that release of fellowship required prior approval of the UGC. Despite this contention, this Court, in its order dated 15 May 2023, directed the JMI to release the fellowship amount due to the petitioner from November 2021 till date, subject to further approval by the UGC.
3. Pursuant to this order, an amount of ? 3,04,250/- has been released by the JMI to the petitioner. This amount, according to Mr. Sabharwal, learned Counsel for the JMI, represents the total amount of fellowship to which the petitioner was entitled from November 2021 till 21 March 2023, when the aforesaid order came to be passed by this Court.
4. This contempt petition takes exception to a letter dated 30 January 2024, wherein the petitioner has been requested by the JMI to furnish an affidavit to the effect that, if the fellowship amount is released by the UGC in favour of the petitioner, the amount released by the JMI would be returned by the petitioner. Mr. Sabharwals contention is that the amount has actually been released by the UGC and unless the petitioner gives this undertaking, the petitioner would be unjustly enriched by receiving the same amount twice.
5. Mr. Piyush Gupta, learned Counsel for the petitioner submits, on instructions, that his client is willing to give an undertaking that, in the event of the UGC releasing the fellowship to which the petitioner is entitled from November 2021 till 21 March 2023, the petitioner would return, to the JMI, the amount of ? 3,04,250/- paid by the JMI.
6. In that view of the matter, no occasion survives for this Court to continue to entertain this contempt petition. The contempt petition is accordingly, disposed of. Notices of contempt, if issued, stand discharged.
CM APPL. 7461/2024 (Exemption)
7. This application does not survive for consideration and stands disposed of.
C.HARI SHANKAR, J
FEBRUARY 7, 2024
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