HC dismisses plea challenging IIM Rohtak director’s appointment, sets aside show-cause notice

The Punjab and Haryana High Court has dismissed a petition challenging Dr Dheeraj Sharma’s appointment as the director of the Indian Institute of Management (IIM) Rohtak. The court held that Dr Sharma’s appointment was valid, as he was selected and recommended by Search-cum-Selection Committee (SCSC) under the “nomination from eminent person” category.

Justice Kuldeep Tiwari also set aside a show-cause notice for initiation of disciplinary inquiry against him “on account of its being issued by an authority lacking able jurisdiction”. The notice was issued by the Ministry of Education, Department of Higher Education, Management Bureau, whereby Dr Sharma was been asked to show-cause why necessary administrative and legal action should not be taken against him for “deliberate non-submissions of Bachelor’s degree certificates and misrepresentation of education qualifications for securing appointment to the office in question”. The bench asserted it was of the opinion that the appointing and disciplinary authority to the director’s post was Board of Governors and not MHRD. It was not competent to serve show-cause notice to Dr Sharma

“Board of Governors was not only the appointing authority to the post of director, but was also – as evident from the terms and conditions attached with the appointment letter – conferred the powers of disciplinary authority… This court has no hesitation to hold that MHRD did not have any jurisdiction to serve the impugned show-cause notice, and that it suffers from the vice of lack of able jurisdiction,” Justice Tewari ruled. Dr Sharma was represented by senior advocate Puneet Bali with counsel Gagandeep Singh and Anmol Chandan.

Referring to the notice, Justice Tewari asserted its examination intrinsically reflected the premeditate mind of the authority, which drew it. The contents showed that calling for a reply from Dr Sharma was merely a formality. “The authority had already concluded that he does not possess the requisite educational qualification, i.e. First Class degree at Bachelor’s level, hence apt action is required to be taken against him,” the court observed.

Justice Tewari added there was no wrangle that Dr Sharma did not possess first class Bachelor’s degree. But the court was of the opinion that SCSC recommended Dr Sharma’s name for appointment to the Director’s post under the category “nomination from eminent person”, and it was well empowered to do so.

The bench added that the credentials of the petitioners, who challenged the appointment by filing the writ of quo warranto were “also under question”. It appeared that the petitioners were only the front faces of two disgruntled erstwhile employees of IIM Rohtak, whose services were terminated by Dr Sharma.

Haryana Tribune