'Stipulation Of Higher Merit Cannot Be Set Aside Because It Restricts Talent Pool': Delhi HC Upholds Stipulations For Appointment As IIM Director

The Delhi High Court has dismissed a public interest litigation against the stipulation of an additional qualification and higher merit for being appointed as a Director of an Indian Institute of Management (IIM).

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora upheld the Centre's recent notification making it mandatory for the applicants to have first-class degrees in both Bachelor's and Master's, along with a Ph.D. or equivalent from a reputed institute, for being appointed to the post.

The court said that the authorities, by amending the stipulation of higher merit, are only ensuring that the best available talent is considered for the post of Director at IIM.

“This Court is of the view that stipulation of a higher merit for a post in an educational institution cannot be the basis to set aside the stipulation on the ground that it restricts the talent pool. In fact, the additional stipulation would reduce the possibility of political factors coming into play,” the court said.

The bench rejected the plea moved by one Firoz Ahmad challenging the notification issued by the Union Ministry of Education on November 10 last year.

It was his case that the amendment in the education qualification had no nexus with the objective of attracting a visionary leader and institution builder as Director and is detrimental to the interest of both the institution and the prospective students.

Rejecting the plea, the court said that Ahmad failed to justify how the impugned Notification was violative of Section 8 of the Indian Institute of Management Act, 2017, or is discriminatory on the basis of sex, race, creed, caste or class.

“Accordingly, present writ petition and application, being bereft of merit, are dismissed,” the court said.

Counsel for Petitioner: Mr. Nitin Dayal, Advocate with Ms.Seema Singh, Advocate

Counsel for Respondents: Mr. Zubin Singh, Advocate for Ms.Nidhi Raman, CGSC for UOI

Title: SH. FIROZ AHMAD v. UNION OF INDIA AND OTHERS

Citation: 2024 LiveLaw (Del) 91

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