Delhi HC directs ILIs Executive Committee to re-examine Director Incharge Dr S Sivakumars appointment as Research Professor
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Delhi HC directs ILIs Executive Committee to re-examine Director Incharge Dr S Sivakumars appointment as Research Professor

Bar & Bench

Jose Meleth, has filed a writ petition (W.P.(C)  1443/2012) before the Delhi High Court challenging the appointment and continuance of Dr. S. Sivakumar as a Research Professor in the Indian Law Institute (ILI). The petition alleges that Dr. Sivakumar has given false information regarding his eligibility while applying for the post of Research Professor.

Jose Meleth, has filed a writ petition (W.P.(C)  1443/2012) before the Delhi High Court challenging the appointment and continuance of Dr. S. Sivakumar as a Research Professor in the Indian Law Institute (ILI). The petition alleges that Dr. Sivakumar has given false information regarding his eligibility while applying for the post of Research Professor. Dr. Sivakumar has also been holding the post of the Director Incharge for a long period due to the non availability of a permanent Director.

A Division Bench of the Delhi High Court comprising of Justices Sanjay Kishan Kaul and Vipin Sanghi directed that, “the matter be placed before the Executive Committee of ILI with all the relevant material which we have sketched out above. A copy of this order along with the material on record be thus placed before the Executive Committee for its due consideration. The result of the same be placed before us before the next date.”

The petition states that one of the essential qualifications prescribed in the advertisement notifying vacancy in the post of Research Professor is, “10 years of experience of post graduate teaching/research in universities/colleges and other institutions of higher education.”

As per the petition, Dr. Sivakumar had submitted before ILI at the time of his selection that he had worked as a permanent faculty at the Kerala Law Academy (KLA) Law College from September 1, 1994 to May 5, 2003. He also submitted that he taught undergraduate and postgraduate courses.

However, a reply to the RTI application filed by Meleth stated that Dr. Sivakumar joined KLA as a permanent faculty on June 1, 1996 and not September 1, 1994. The reply also made it clear that Dr. Sivakumar was teaching students enrolled in the LLB course alone and did not teach any postgraduate courses at the KLA.

The KLA, impleaded as a party in the petition, submitted before the Court that Dr. Sivakumar was appointed as a lecturer in the KLA on September 1, 1994 and the University gave its approval on October 2, 1994 but he joined and worked in the KLA as a full time lecturer only from June 1, 1996 onwards and that he never taught in the postgraduate courses at the KLA.

The petition further states that while applying to ILI, Dr. Sivakumar had submitted that he had also taught at the postgraduate level at the National University of Juridical Sciences, Kolkata and even this was also found to be false as per a RTI reply.

The Petition states, a “prima-facie incorrect and false declaration was made with the intent of procuring the employment.”

The Division Bench observed that, “Dr. Sivakumar categorically relied on his teaching experience at postgraduate level in his application. NUJS, Kolkata as well as the KLA have categorically averred that Dr. Sivakumar has had no experience of postgraduate teaching….The question thus arises, as to whether these are material aspects which would have weighed one way or the other before the selection committee, if they had been so disclosed.”

The Director’s post at ILI has been lying vacant for years. No efforts have been made by ILI to fulfil this vacancy, which boasts of having the Chief Justice of India as its President and the Law Minister as its Vice-President. ILI’s website continues to mention Dr. Sivakumar as its Director Incharge.

The case is now posted for hearing on November 30, 2012.

Order-of-the-Delhi-High-Court.pdf
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