Jethmalani out, CJI puts pressure on law varsity

The three-member search committee, which included Jethmalani, besides Justice M.N. Venkatachaliah and the managing trustee of the Bar Council of India Trust, Ram Chander Jha, had recommended the names of Prof Baxi, Dr Mohan Gopal and Dr Kamal Puri, in that order, to the University’s EC for appointment as Director through a letter dated January 28.

The EC has now summoned an emergency meeting on August 20 to do some fire-fighting. Evidently, the Council is in a hurry and can’t wait till August 26, when it is to meet for finalising the University’s convocation scheduled for August 27, among various other things. This may have something to do with the fact that Jethmalani, who was present at the last EC meeting, is now out of the country and is scheduled to return on August 25.

The EC Members from all over the country were on Monday asked to either pass the resolution through a circular motion (agreeing with the Visitor’s advice) or be present for a meeting on August 20. The members have, instead, chosen to meet to sort out the matter and avoid further embarrassment.

To justify the sudden need to look for another candidate, the University is now arguing that Prof Baxi will not be able to make a fruitful contribution to the University as he is attaining the age of superannuation in November this year. Considering the fact that both the EC and the search committee were well aware of Dr Baxi’s credentials and that the EC had even proposed to grant him an extention once he took over, the argument is dubious.

In fact, the correspondence between the University and the CJI, copies of which are available with The Indian Express, suggest that the EC had chosen to ignore the CJI’s advise much before its last special meeting held on July 29, during which the Visitor’s advice was placed before it. The EC had then unanimously resolved to request Prof Baxi to join immediately.

The EC had also given him an assurance that all his conditions (of extending his term by suitably amending the University’s statute) “shall be favourably disposed of after he joins.” Jethmalani had attended this meeting. Sources say now that he is out of the Government, the issue is being taken up again before he returns to avoid a direct conflict.

EC members say they had forwarded the three names to the Visitor on March 12 for approval and had sent the first appointment letter to Dr Baxi for the Director’s post only after getting a formal nod from Justice Anand on March 23; he fully knew of the University’s proposal to extend Dr Baxi’s term as one of the pre-conditions of his accepting the appointment.

Much before Jethmalani’s row with CJI over various other issues became public, there was a tell-tale communication between Justice Anand and Dr Baxi wherein the latter reiterated his conditions and the CJI wrote to him saying: “I understand the justification of your reluctance to join as Director of NLS University. As it is, it may not be possible to amend the statute at this stage. It would have been nice to have you back as Director — — any way, let’s see.”

Prof Baxi’s letter to Justice Anand from Warwick (U), where he is a visiting professor, had categorically expressed his desire to join “should any special arrangements facilitating my association with the school be at all possible”, a point on which the EC had already given its assurance to him while sending the appointment letter.

Justice M.N. Venkatachaliah, when contacted by this reporter, agreed that the search committee was fully aware of Dr Baxi’s age and had (therefore) made a comprehensive recommendation taking care of that aspect. “But the matter is out of my purview now and under the administrative jurisdiction of the University, on which I would not like to comment,” he said.

Prof N.L. Mitra, incumbent Director of the University, when contacted for a clarification, said the emergency meeting was summoned because the matter was of utmost importance and could not wait till August 26. When asked why was it taken up again when the EC had already gone ahead with its decision (to appoint Dr Baxi) at its July 29 meeting and had ignored Justice Anand’s advice, he declined to comment.