Research & Publications
Research & Publications
SUCCESS FOR IRMAN IN PATNA HIGH COURT
Dev Kumar Dubey
This is sharing of my experiences about a court battle about IRMA Post-Graduate Diploma and the trivialities which finally resulted in a joyful court verdict. I will begin with a background of the case before moving on to the details of the case itself.
Personal Background
I completed my PRM course in the year 2006, and was rather forced by batch mates to accept the offer of SKS Microfinance, Hyderabad (it was argued by my batch mates that my non acceptance would discolor the celebration mood of the batch, and I decided to accept the offer). The basic reason behind my reluctance was that before joining IRMA, I already had five years of job experience, primarily in a government department. I was posted in Mumbai in the Ministry of Labour, Government of India and worked there for five years before resigning to join IRMA. Being a typical Bihari, the Mumbai life style was a big pain for me for five years. But Mumba Devi had given lot of other things which I am obliged to. This was the professionalism and exposure. So before coming to IRMA, I was already a professional person means basically understood the value of words, time etc!
Though I had got an offer from SKS Microfinance as an Area Manager, I had not disclosed this to my family members (my wife, her parents) who were present in campus for convocation. I simply told them I didn’t participate in placement! The most disturbed person with my decision was my Father In-law. On my way back to Bhagalpur (my native place) with my PRM Degree, I had already made up my mind in train that I would try to do something for these bloody Biharis and will stay in Bihar (Please excuse me for the use of the word ‘bloody’ because the same Bihari when goes to Mumbai is the most disciplined, laborious, honest and intelligent person and back home most criminal person!).
Real Story Begins Here
Just after IRMA, I along with my indomitable batch mate Dr. Ravi Chandra founded ‘Bihar Development Trust’ (BDT) to contribute something in the development of Bihar. We were peacefully enduring the daily entrepreneurial challenges and struggle in BDT, and wanted to just give a try to start an LPG agency with Hindustan Petroleum Corporation Limited (HPCL), because I had heard that there is good monthly earning of Rs.50,000/-. We were not able to pay a single penny to ourselves in BDT and going was really tough at that time. So I thought in case Gas agency is allotted to me this will ease our cash flow. As far as HPCL menace is concerned, I think HPCL was in wrong side to tease a person who revere IRMA most. I proudly say I am IRMAn, and IRMA Degree is biggest asset of my life.
HPCL advertised its vacancy for allotment of dealership for all the locations in Bihar in January 2009 which includes Bhagalpur district also. They had seven criteria for marking for the applications they received as shown in the table.
Table 1
Parameter Marks Evaluation Criteria
Capabilities to provide infrastructure and facilities 35 Based on documents produced
Capability to provide finance 35 Based on documents produced
Educational Qualification 15 Based on documents produced
Experience 4 Interview
Business Acumen 5 Interview
Age of Individual 4 Based on documents produced
Personality 2 Interview
Total 100
To be frank, I filled up the form very lightly thinking I would score maximum marks. Keeping these facts in mind I appeared for the interview. Once selection process was over HPCL published its result on website on 30/07/2009. I was stunned to see the result since I was given 12 marks for my educational qualification and the deduction of these 3 marks pushed me to sixth position. Otherwise I was first in the merit list. One can imagine the toughness of the competition that there were other five candidates above me because for just 3 marks. There were total 68 candidates for just one location - Bhagalpur - and each of the applicant from well to do families. The first person had got 98.7 marks and me 95.8. Add 3 marks (which I lost for educational qualification), I would score total 98.8 and would be awarded the dealership. The criteria of marking for educational qualification was in four categories as given in Table 2. The evaluation was to be based on the information given in application form.
Table 2
Description Max Marks
Post Graduation in Management/Diploma in Management from IIMs 15
Graduation in Engineering/Law 15
Chartered Accountant 15
Post Graduation/Graduation/Professional qualification not covered in first row 12
To support my claim, primary evidence was the letter dated September 7, 1993 issued by the Association of Indian Universities to the Director of IRMA in which it is stated that two years Post Graduate Programme in Rural Management of IRMA has been recognized as equivalent to Master Degree in Rural Management of Indian University
The Battle Begins
I first lodged my complaint on 07/08/2009 to Regional Manager (RM), HPCL, Patna that I am given 12 marks wrongly because I am Post Graduate in Management but was declined out rightly vide letter dated 28/08/2009. Frustrated with HPCL reply, I lodged a writ petition in Patna High Court on 15/09/2009 against the will of my family members, friends and relatives except Dr. Ravi (because he too is IRMAn!)
The respondents of the writ were Regional Manager (RM), HPCL, Patna; Chairman, HPCL; Secretary, Ministry of Petroleum, Government of India. I had first taste of victory when in the very first hearing on 20/11/2009, Honorable judge had put a stay on issuance of Letter of Intent (LOI) in favour of the first person in the merit list (It is important to mention that there was an under-table deal between Regional Manager and first person in the merit list for the allotment). However, there was a little lacuna (rather a loop hole) in the court order---“No LOI should be issued in the matter till filling of counter affidavit by oil corporation”. This wording was exploited to fullest by RM. He issued LOI in favour of my rival just after submitting the counter affidavit in the court.
We prayed in the court that they have started the construction work and should be stopped from operationalising the agency. The court meanwhile gave an interim order on 12/04/2010 that “merely because counter affidavit is filed, no right would be deemed to have accrued in favour of any person in this regard and status quo would be maintained”. Again the order was little vague in defining ‘status quo’, i.e., it did not specify whether the construction work is to go on or should it remain in the status as on order of 20/11/2009. The RM turned his deaf ear and the work of agency kept on going as it is.
Meanwhile, during the proceedings the learned judge Mr. Tripathy was completely in our favour and I heard him saying ‘IRMA is internationally reputed institute and you are creating class inside class. Management graduates are Management graduates how can one discriminate among institutes when institutes are at same wavelength?’ But, the court was to be closed for one month on the eve of summer vacation and there was 99% chances that bench for the cases get changed. When everything was going fine in the case and the learned judge had completely understood the case, the HPCL counsel threw a dice in the well: ‘It is the ministry of Petroleum which frames policy and HPCL is just obeying the guidelines’. The learned judge wanted an affidavit from Ministry and HPCL counsel was successful in buying the time of two months for reply of Secretary, Ministry of Petroleum.
The Court on Vacation
As expected my bench was changed after summer vacation and the new judge would listen the case afresh. This was honourable judge Mr. Ramesh Kumar Datta. (I was getting frustrated with the lingering of case as the charges of counsel was exorbitant almost to the amount of Rs. 22000/- for one hearing. It was really financially very tough time for me. Whatever savings I had it was all already exhausted. Now it was only family and friends whose money was to be used for this legal battle means unsecured loans like our Micro Finance operation!!). On his very first hearing in June, 2010 Mr. Datta took opposite view—‘Is IRMA equivalent to IIMs’ ruefully asked to our counsel. Our counsel argued that the question was not about equivalence, and rather a matter of Intra disciplinary and Inter disciplinary discrimination. On the one hand the criteria of educational qualification says ‘Post Graduation in Management’ would be given 15 marks and on the other hand it says ‘Diploma in Management from IIMs’ is given 15 marks. This is a classic case of inter disciplinary discrimination because every body knows IIMs are the top management institutes of India but ironically they are equating it with the universities of the country irrespective of their qualities, infrastructure and other parameters. In other words, a person having management degree from Patna University would receive same marks as a diploma holder from IIMs. What’s the rationale?
Our counsel further argued that the same recruitment procedure is giving 15 marks to engineering and Law graduates and therein they don’t specify the name of any college, university or institutes. Why the discrimination is only in the stream of Management? The engineering graduate from IITs would get same marks as any graduates passed from any unscrupulous engineering colleges of the country. He added the graduates of National School of Law would get same marks as any Law degree holders of any university.
The counsel of HPCL took very wistful stand said, ‘we mean to say either degree or diploma that should be only from IIMs’. Fortunately there was a case in the same court where the corporation had given 15 marks to candidate passed from IIPM, Delhi!! (This is completely ironical since it is an open secret that IIPM degree is not recognized by AICTE and the candidate got 15 marks and the counsel was arguing that they meant to say only IIMs). My counsel was quick to put forth the instance of IIPM and the judge ordered both cases would be heard jointly in next hearing.
Finally, the Success
Since ‘the next hearing’ was after a period of two months, my counsel did a tedious job to explain the case from scratch once it was presented in the court. Both the cases were presented to honorable judge. After hearing the cases, he observed, “Now it is established that it is not only IIMs, the meaning of ‘Post Graduation in Management’ here is either you should have a Management Degree from any university or if it is a Diploma it should be from IIMs only”. Honorable judge warned HPCL: ‘You can be charged for misrepresentation of fact to the court’. Further, the judge inquired as to why 15 marks should not be given to the petitioner based on the Diploma given by IRMA, which clearly mentions it is equivalent to ‘Post Graduation in Management’. I was excited when the judge said ‘I know IRMA is a nice institute’. By this hearing I was sure I am going to win the case and delivery of judgment was just a matter of time. But only tareekh pe tareekh was taking place.
It takes 6-7 hours to reach Patna from Bhagalpur and the expenses per journey would be almost Rs.2000/- apart from counsel fee. You are also not sure whether you can catch return train same day from Patna as the case may come up for hearing the very next day. I had made almost 50 trips between Bhagalpur and Patna in the past eight months. By the time, this positive turn came, I was completely tired and left everything to my counsel. “Now, whether you fight the case or not, it is not my job. I can simply help you by somehow depositing your fee in the concerned bank account at Bhagalpur whenever you say”— this was my words to my counsel in second last hearing before judgment. I was in regular touch with my counsel over phone and my colleague Ravi was also keeping follow up of the case in Patna.
On 23/09/2010, I received a surprise call from my counsel in the afternoon (generally they keep their mobile switched off till the close of the court 5 pm). To my great joy, he conveyed that I had won the case, and HPCL was directed to give the petitioner 3 more marks in educational qualification and declare the petitioner first in the merit list and accordingly fresh LOI to be issued!!
Now it is heard that HPCL and Ministry of Petroleum is fully prepared to take the matter first to double bench of Patna High Court and later to Supreme Court. Though the long battle has mentally frustrated me, and financially devastated, I am determined to fight the case further till the Supreme Court. I know there is very unlikely chances that even if I win in Supreme Court, the frivolous Distributorship of LPG is going to come to me as I am fighting against the whole system. The issue is now bigger than the LPG, this is question of our identity and self respect, which I am not going to surrender at any cost. I am confident IRMA community will back me in the fight larger than life?
For further information, go to http://patnahighcourt.bih.nic.in/. To search for the details of the case, you need the name of petitioner (DEV KUMAR DUBEY), Case year (2009) and Case No. (15928) in Judgment / Order section on website.
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