New Delhi, March 12
The Supreme Court today asked the
Central Government whether it would furnish an undertaking regarding
non-interference in the IIMs’ autonomy.
A Bench, comprising Chief Justice V.N.
Khare, Mr Justice S.B. Sinha and Mr Justice S.H. Kapadia, allowed the Union
Government time till March 19 to submit its reply. It was hearing an application
by three petitioners, seeking modification of the court’s February 27 order
approving the Centre’s decision regarding the reduction of IIMs’ annual fee from
Rs 1.50 lakh to Rs 30,000.
The petitioners — an advocate and two IIM alumni —
had sought the incorporation of government’s undertaking in the court order that
it would not interfere with the autonomy of the IIMs’ six business schools in
place of the statement of its counsel as recorded by the Bench in this regard.
Additional Solicitor-General Mukul Rohtagi, who opposed the application for
modification of the order, said he needed to take instruction from the
government about furnishing the undertaking as it might result in contempt of
court proceedings against the authorities. He, however, questioned the
petitioners’ move to reopen the issue after the matter was disposed of by the
court.
“My statement was recorded in the open court and everybody heard it.
The application is motivated. What is autonomy, then this question has to be
defined,” he said.
Senior advocate Harish Salve, appearing for the
petitioners, said if the government was not willing to give the undertaking,
then the public interest litigation (PIL) filed by his clients be restored and
heard on merit.
The court said after knowing the government stand, it would
incorporate in its order that in future if any question regarding the
interference in the autonomy arose, the IIMs would have the liberty to move the
court of law for an appropriate legal remedy.
