Protection of Academic Freedom
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We, the undersigned, appeal to the Union Minister for HRD and the Union Minister for Finance to intervene in this case and deliver justice to dr. D'Mello. Purges like this are artifacts of the anti-intellectual HRD policies of the erstwhile BJP-led NDA government, and need to be addressed in the spirit of fairness and protection of academic freedom.
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Further details:
Professor Bernard DMellos Writ Appeal (versus the Management Development Institute, MDI) was admitted in early August this year before a two-judge bench of the Delhi High Court. This Writ Appeal follows the dismissal of his Writ Petition before a single judge in the same court on grounds of the petitioners lack of collegiate functioning. Professor DMello had challenged his summary retirement by an MDI order dated September 23 last year ostensibly in the interest of the Institute. He had been struggling to protect his secular-democratic rights vis-а-vis the Institutes then Director, Dr. Devi Singh, soon upgraded to Director, Indian Institute of Management Lucknow, by the erstwhile Union Ministry of HRD of the BJP-led former NDA government. Professor DMello is an IIT-IIM alumnus, has been a visiting professor at the Maison des Sciences de la Homme (MSH), Paris, has lectured at the Institute of Medicine, National Academies of Science, Washington D.C., and has been associated with Indias distinguished social science journal, the Economic & Political Weekly. His council, the distinguished human rights (senior) advocate Colin Gonsalves had argued before the single judge that his dismissal was malafide. Colin argued that the following circumstances led to Professor DMellos purge:
An article entitled Management Education: A Critical Appraisal (Economic & Political Weekly, Vol. XXXIV, Number 48, November 1999) in which he had critiqued Hindutwa influences in management education
Questioning an attempt to invite RSS intellectuals like Mr. Seshadri Chari and others to preach values to the students
Openly protesting to the then MDI Chairman, Shri V P Singh, then Chairman and Managing Director, IFCI Ltd. (The public financial institution IFCI is MDIs promoter) against the premature closure of a prestigious and successful international research project obtained by Professor DMello, as also the unethical appropriation of the balance monies of the project into MDIs general account
A complaint made to the then IFCI Chairman & Managing Director against a shocking outburst by then Director Devi Singh against a minority community in the aftermath of pogroms against that community in Gujarat at a tea get-together (In a meeting with the then IFCI CMD in February 2003, the latter told Professor DMello of complaints he had been receiving against Professor Devi Singh of corruption in the admissions process at MDI)
A complaint to Indias National Commission on Minorities (NCM).
It is interesting and important to note that that the respondents did not traverse Colins submissions before the learned judge. The respondents claimed that Professor DMello was prematurely retired because of his conduct, behavior and performance. Colin then produced Professor DMellos performance records that showed his performance was above average. The respondents conceded this, but went on to produce five letters written in 1996 and 1997 (7-8 years ago) to claim that Prof. DMellos behavior was not conducive to the smooth functioning of the institute. The single judge interpreted this as lack of collegiate functioning and dismissed the Writ in early July this year. The learned single judge did not penalize the respondents for misleading the MDI Board regarding Professor DMellos performance. Prof. DMellos present Writ Appeal, admitted in early August before a two-judge bench, once again brings to the fore the circumstances that led to his dismissal, arguing that the dismissal is malafide.
Professor DMello had resisted intimidation and harassment and so the then Director Dr. Devi Singh misused a staff rule of Board Review for continuation of service upon completion of 50 years of age to present a false and misleading account and thereby recommended his removal from service. The present Director, Dr. Pritam Singh (awarded a Padmashree at the instance of the erstwhile NDA government, courtesy BJP-RSS influence), who was earlier Director IIM Lucknow (courtesy the erstwhile Union HRD Minister, Shri M M Joshi), ordered private security guards to follow him on Campus in order to intimidate him to vacate immediately. He even threatened him stating: I dont care for IFCI (MDIs promoter). Dont you know that I am very powerful? Professors Pritam Singh and Devi Singh had been openly flaunting their BJP connections. In fact, an officer at the National Commission on Minorities to which Professor DMello had complained hinted, off the record, that the NCMs hands were tied.
Professor DMello needs intervention to get justice, especially since it seems that his complaint to the NCM is a principal cause of his premature removal from service. His family and he have been caused severe pain and suffering by the malafide action of the MDI authority. His Writ Appeal is presently being heard in the Delhi High Court, but given the politically and ideologically motivated removal of Professor DMello from the services of the MDI, a political solution by representatives of the new UPA government and solidarity by teachers and other intellectuals is urgently called for.
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