Law Institute director asked to file an affidavit by Delhi HC stating his teaching experience

Updated on: Monday, January 21, 2013

The Delhi high court has asked the director of Indian Law Institute, one of the most prestigious academic institutions in the capital, to place his exact teaching experience on record.

Giving three weeks time to Dr S Sivakumar, the director-in-charge, to file an affidavit categorically stating his teaching experience, a division bench comprising Justice Sanjay Kishan Kaul and Justice Indermeet Kaur also warned his appointment can't stand if his experience is found to fall short, as alleged by a lawyer.

The ILI boasts of the Chief Justice of India as its ex-officio president and the law minister and attorney general of India as its vice-presidents

HC asked Sivakumar to furnish all details after it found that ILI's executive committee gave him a clean chit, supporting his stint with ILI, despite two RTI replies from Kerala Law Academy and the National University of Juridical Sciences (NUJS) disputing the teaching experience he claimed with them. The committee examined documents, including the RTI replies, yet concluded Sivakumar's appointment is in order, forcing HC to undertake its own inquiry where allegations against the director can be examined threadbare.

"This in our view is a serious matter as there may be an element of perjury either on behalf of KLA or on behalf of the director. We call upon him to file an affidavit setting out which is the date when he joined KLA and what courses he taught and for which period," HC ordered, adding that Sivakumar must also state if he worked as a full time lecturer teaching PG classes during the disputed period.

The court repeated its direction to Sivakumar vis-a-vis his claimed experience with NUJS, pointing out that "the matter has to be taken to its logical conclusion by coming to an opinion whether Sivakumar relied upon incorrect teaching experience or was the teaching experience as propounded by him."

The court was hearing a public interest petition filed by Jose Meleth challenging Sivakumar's appointment on the ground that he furnished false information regarding his eligibility. Meleth cited RTI replies received from KLA and NUJS to oppose his appointment. While KLA divulged that Sivakumar taught only students of the LLB course during the said time period, NUJS also said Sivakumar didn't teach any PG programme in the university.

Meleth accused the director of fudging his tenure records to claim eligibility even though he didn't fulfill the essential requirement of 10 years teaching experience or postgraduate teaching. ILI has been defending the appointment, arguing that 10 years of post-graduate teaching experience is not sacrosanct and research carried out by the candidate is also given weightage.

But HC had earlier pointed out that Sivakumar relied on his teaching experience, not research experience, to stake claim for the post in the institute when he applied in 2005 and concluded that his suitability must be gauged afresh in the light of statements by the two institutes.

ILI was founded in 1956 primarily with the objective of promoting and conducting legal research.

It is an autonomous body, with the Chief Justice of India as the ex-officio president, while the Union Law Minister and the Attorney-General for India are its ex-officio vice-presidents.

Judges of the Supreme Court and High Courts, prominent lawyers, Government officials and Professors of Law are represented in the Governing Council of the Institute.

Law Institute director asked to file an affidavit by Delhi HC stating his teaching experience

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