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MHRD can't sack IIM-A director
Joydeep Ray in Ahmedabad |
March 16, 2004 09:49 IST
The Ministry of Human Resources Development alone can neither dismiss the director nor dismantle the board of governors of the Indian Institute of Management-Ahmedabad Society.
This is in accordance with the memorandum of association and rules of the institute.
The two representatives of the MHRD had last week threatened to dismiss the institute's director Bakul Dholakia following legal action against him.
The MoA clearly says that the Central government will have to consult the state government for appointing an enquiry committee to probe into working of the IIM society.
Article 5 of the MoA, which governs all activities of the IIM-A, says, "The Central government in consultation with the government of Gujarat may at any time appoint one or more persons to review the work and progress of the society or the institute and hold an enquiry into the affairs thereof and to report thereon in such manner as the central government may stipulate."
"Upon receipt of any such report, the central government, in consultation with the state government, may take such action and issue such directions as it may consider necessary in respect of any of the matters dealt with in the report regarding the society or the institute, as the case may be, and the society shall be bound to comply with such directions."
Like the central government, the state government is also considered a key stakeholders in IIM-A, with two state representatives featuring in the IIM-A Society and board of the institute.
Rajiv Gupta, Commissioner of Technical and Higher Education of Government of Gujarat, and P Panerveel, Secretary of Technical and Higher Education, are the state government-nominated members on the IIM-A Board and IIM-A Society.
So far, Gupta and Panerveel have not expressed their views on any of the issues and it seems the state government is silently backing the IIM-A' crusade against the MHRD.
One of the state government representatives, requesting anonymity, told Business Standard: "I am not aware if my or my colleague's consultation is required in such troubles and no body has consulted us so far."
Even if any enquiry committee setup by the central government in consultation of the government of Gujarat, finds any reason for sacking the director or dismissing the IIM-A Board or the IIM-A Society, the clause 6 of the MoA says: "In case the central government is satisfied that the society or the institute is not functioning properly, the central government shall have the power to take over the administration and assets of the institute in consultation with the state government."