Relevant Extracts from the 81st meeting of IIMA Society

“Now the issue we are debating is the directive issued by the central government and you do not have the bye-laws. What is the basis of this discussion? As long as you do not have a bye-law on the basis of which the fee is to be fixed this discussion is meaningless. What are we debating then? The issue of fees has been deliberated in the ministry, it has gone to the Supreme Court, the Chairman met the Minister, he also met the Prime Minister. Now all options with the head of executive authority and the higher judicial authority have been exhausted. So what are we discussing now?………………….

Mr. V.S. Pandey, Member representing Government:

“There are two components of this issue- who has got the power and what is their justification? When the fight for power starts is when there is distrust. For the last 30 years without power, there was increase in fees but nobody told anything. But where you talk about record and conflict, everything gets open. If you take a legal vision, does it solve our problem? Are we here to fight with each other? Are we here to declare freedom and liberation? Please think it over………….

“So we do not go and debate on the issue on who has power. So whatever fee fixation happened earlier were not legal…………..

“Dependence on government if it is an evil or ill sir, you have to live with it till the government authority decides to do whatever you want. The government of the day does not want that it wants that it will subsidise higher education. Should we enter into a fight with the government of the day on policy issues like that ?……………….

“As the case came up with the Supreme Court , both days I was present. The first day, the SC was very hostile with the very question that the fee reduction was challenged. In fact when our lawyer, Additional Solicitor General wanted to intervene saying that- they asked a lot of date from IIMs,– went on saying that you give date, you give date- he said that we have the date, we can give the date. He said , no, he is a petitioner he has challenged . Let him provide data- why should I— let him justify what he says. The next day, when the hearing started, there was a somersault. They said we have no fight with the fee.

The remarks of the Court and the whole thing: –I am part of your body, so let me share it with you. What is wrong with you, what is your problem? If the government is telling you very clearly that it will not interfere in the autonomy,- give anything you want-to question of interference with autonomy………………..

“Let me now tell you honestly the background . When the S.C. in the TMA Pai case decided that commercialization of education should be prevented and government is directed to fix fee which is reasonable and for that matter they appointed a judge- they didn’t even trusted the government , because for the past ten years they have done nothing !……….

“When the SC case was on, after hearing the petition after firing the petitioner for fifteen minutes they asked the petitioner where are the IIMs . Sir, we knew, you do not agree-Additional Solicitor General had to get up and say, — Sir they are always with us. Should he have said ‘ no Sir, they are fighting with them ‘. He had to say sir, they are with us. I somehow sat at a distance. We have to resolve inside. Sir, he started saying, government has absolutely no intention of interfering with any of the ” authority”. We just what- please run the institution as per MoA. If government anywhere exceeds, please as a society, it is the responsibility of all of us to see that it does not happen. We together will force the Government , whosoever he is, please resist, please desist from doing this, it is collective responsibility of all of us.

Mr. V.S. Pandey, Government Representative.

“Let us resolve it. slile kynoki dekhiye whatever I had the, you know, the purchasing power, I have exhausted it. Agar Society iss bare par ekdam convinced hai, usse Government se ladna hai aur aise issue par, jiss par ke sirf difference of opinions hai. I think it will be very unfortunate for the Society. Very very unfortunate. Na. Let me complete Sir. Let me complete. Powers kijo baat Hai Wo Legal opinion Aap lelo, Chahe jo lelo. Agar usme hum jayenge to aap main outright main itni abhi objection raise kartho hoom ke you will be caught in that………………

“Aap ke sare initial fees illegal. There is a, government can direct you to refund all the fee that charged so many years without authorization. No. 1 My Resolution No. 1……………..

“No. 2. You things were deliberated, your Directors failed to inform the Society about the deliberation that you should take place in the Government regarding reduction in fee. They should be acted upon. Because it was , it is a agenda item you have deliberated, why he failed to inform the Society. There is a strong view in the government about the structure. It should be resolved . Why they did not discuss it. Who is responsible for it?

No. Third Sir.

Mr. Pipersenia.

“Responsibility should be fixed for keeping the Society in the dark about those things. (In the dark). Today the situation has become lack of communication or miscommunication between the Society and the Government primarily because the Governments concerns we are not fully reported to the Society and this state of confrontation has been brought about simply because somebody’s act of omissions or commission. Why should first of all Society not resolve to take action against those individuals.

Mr. V.S. Pandey :

Absolutely. Absolutely. Sir, secondly, you are not the only IIMs , Sir, providing higher education. Let me tell you coming to the tetra style, other IIMs are also there. They are agreeing. Sir, what you think , Sir. I am , as a part of yours. I have right to question. Because you have moved a resolution which leaves me no space. Sir what you think. Your reduction of fee will cut, anywhere, Sir, you know what is the position , have your Director informed you the financial position of your Society. If you charge nothing from a student is still you will be ending up with the surpluses. Why you should be charging any fee. Howe does it affect your quality. How does it affect it. Please explain me. Howe does it. Then, secondly Government says whatever the fee reduction, we will give you the money. Sir, you can’t decide something just on whims and fancies. Someone doesn’t like some ideas. Sir, we don’t run things like that. It is not a ordinary issue. Let me again very humbly request all the Society members if you that, Sir, we will be moving very very far. Very far and consequences are immense. Lt me tell you Sir, your provision gives the power , I didn’t want to say but you left no space. I have to say, Sir, Government has power to dissolve your Society and take over the administration of your IIM. Do you want that Sir. Read the Clause. If the Government feels the Society is not working properly, it shall take over the Management. Do you want that. You are forcing us to do that. What corner you are leaving to Government Sir. What corner you are leaving. As a body set up by the Government , as a body supported by the Government, just because few individuals gave you the idea, Sir, it is you know encroachment of autonomy without understanding. Sir , have you debated with us. I will ask you what autonomy Sir. What autonomy. Which autonomy has been eroded. Let your Director explain Sir. I am requesting him. Sitting right here. Please explain. What autonomy has been interfered in these years. Sir this is no joke Sir, you are dealing with Central Government established institution, Sir, only one loser, your Society and your organization. Let me tell you Sir. This happens in Government every day. Nothing new for us. Sir, newspaper reports die after en fifteen days. Sir. No body is scared. These Ministries every day face ten positive ten negative. Sir it may be big thing for him. Not for us. Let me tell you Sir, we are not bothered about your public opinion Sir. Because what public thinks is totally different what you think inside the room Sir. I am telling you with 100% confidence. Have you read Hindi newspaper, Sir, ever. Have you read any vernacular newspaper ever . Let me tell you they are hailing the decision of the government. Hailing. Hailing . Appreciating. Sir it shall become a political agenda. Do you want to withdraw that. Sir, don’t force the government in a corner. It is a humble request I am making.. Please don’t force. Otherwise it will invoke the power. You want that. Sir, it will be only a bad news for 15, 20 days, one month.