Shamnad Basheer, the ministry of HRD chair professor in intellectual property law at NUJS Kolkata, has resigned after losing trust in vice chancellor (VC) Prof Ishwara Bhat.
Basheer wrote in his resignation email to Bhat on 31 December 2013 that the VC had “misrepresented” to the executive committee the work Basheer had done while he was on compassionate leave without pay from the university, to take care of his ill father, who has now recovered from cancer.
Bhasheer had requested one semester’s leave without pay in August 2013; Bhat had replied that he would take up Basheer’s request before the executive committee (EC) where he hoped it would be considered sympathetically.
However, Basheer alleged in his resignation email that Bhat later opposed the leave application before the EC, claiming that Basheer did no credible work as IP chair while away, which Basheer said was not true. Despite the VC’s alleged opposition, the EC retrospectively signed off on Basheer’s leave on 14 September.
Basheer wrote to Bhat in his resignation: “I was extremely hurt and disillusioned with this misrepresentation and can no longer bring myself to trust you. I find no other reason for your stunning volte-face, than my constant questioning of your policies.
“As several of my colleagues at NUJS know, I had taken serious issue with the unhealthy opacity that you unleashed at NUJS after taking charge. I was appalled at the way in which earlier policies that catapulted NUJS to the top of the academic league were reversed without due discussion and deliberation with your faculty colleagues.”
Particularly, Basheer wrote he took issue with Bhat’s refusal to grant a Skype interview to a promising potential faculty member based in the Netherlands, who went on to join IIT Delhi, and Bhat’s “vindictive” behaviour to Basheer and other faculty.
Basheer wrote that, for example, Bhat “showed great hostility” to the Increasing Diversity by Increasing Access (IDIA) initiative because Basheer had founded the project, which was now national.
Basheer declined to comment when contacted by Legally India. Bhat did not respond to an email and calls from Legally India.
NUJS registrar Dr Surajit Mukhopadhyay, commenting to Legally India via email only in a personal capacity as an “academic and a colleague”, said: “I am shocked to hear that Shamnad has put in his papers. One of the intellectually strong faculty on campus, I am sure that many would miss him as I would. I still hope that he will reconsider his decision.
“NUJS needs dynamic research oriented faculty and I have great expectations from him. Nevertheless these are decisions taken on a personal level and I wish him the best for his future. I personally would miss his wit and warmth.”
Before joining NUJS in 2008, Basheer graduated from NLSIU Bangalore in 1999, obtained an MPhil from Oxford University in 2004, and was a senior associate at IP firm Anand and Anand, a marketing director at consultancy Verist Research, research associate at Oxford IP Research Centre (OIPRC) and visiting associate professor at George Washsington Law School.
In March 2013, Sidharth Chauhan had was sacked from NLSIU Bangalore without notice, which he later attributed to his criticism of the vice chancellor. Chauhan joined Nalsar Hyderabad several months later.
Basheer’s full email to Bhat:
Dear Prof Bhat:
I hope this finds you well. I've been forwarded a note by the Hon'ble Registrar, informing me that the Executive Council (EC) kindly agreed to grant my leave (without pay) with retrospective effect, on grounds of my fathers' terminal illness (cancer).
I am deeply indebted to the EC members for their compassionate decision, owing to which I was able to spend some quality time with my father and take care of him. Fortunately, he recovered well and is much better now.
I am particularly obliged to the EC members for arriving at this considerate decision, despite your misrepresentation to them on the work of the IP Chair. You had opposed my leave application on the alleged ground that no credible work was being done on the IP Chair. This, despite the fact that several documents submitted to your office more than amply indicated the range of high quality IP work (research, scholarship, policy and IP outreach) that was being undertaken on a continuous basis, my leave notwithstanding. As you are no doubt aware, the IP Chair was set up by the Ministry of HRD at various premier institutions including the National Law Schools, IIT's and IIM’s to foster IP research, advanced IP teaching and to render high quality policy advice to the government from time to time. For the last 5 years of operation of the NUJS IP Chair, this has been done quite successfully, with the result that our chair is recognized as one of the leading IP chairs, with a reputation not only in India, but also abroad. The various annual reports submitted to your office and the Ministry of HRD bear ample testimony to this.
In fact, when I requested you for leave, I made it a point to mention that I would not let the activities of the IP Chair suffer in my absence, and would attend government meetings and engage in various other IP activities as far as possible. This was also on record in my email to you requesting for the leave. I attach this email for your kind reference.
Pursuant to that commitment, I made myself present in Delhi and various other places for government meetings whenever the occasion demanded, and as far as I could, throughout the tenure of my leave. In fact, as I began penning this email to you some days ago, I was in Chennai to render advisory services to the National Biodiversity Authority (NBA), a government agency with which I work extensively. I also engaged with University activities as best as I could and attended an Executive Council (EC) meeting at my own expense, whilst on leave.
Please note that all this was done on leave without drawing any salary whatsoever.
I attach an earlier email of yours, where you clearly indicated that you would support my application for leave. However, when the matter came up before the Executive Council (EC) meeting (which you chaired), you vehemently opposed my leave application, on the spurious ground that I had not performed and that no work was being done on the IP Chair.
I was extremely hurt and disillusioned with this misrepresentation and can no longer bring myself to trust you. I find no other reason for your stunning volte-face, than my constant questioning of your policies. As several of my colleagues at NUJS know, I had taken serious issue with the unhealthy opacity that you unleashed at NUJS after taking charge. I was appalled at the way in which earlier policies that catapulted NUJS to the top of the academic league were reversed without due discussion and deliberation with your faculty colleagues. I had, time and again, requested you to take stronger note of the fact that we were losing top quality faculty and to initiate measures to stem this tide. In particular, I took issue with your refusal to grant a Skype interview to a very promising Indian scholar from the Netherlands, owing to which we effectively lost him to IIT Delhi. You will recollect that the Executive Council also took strong note of this and recommended that Skype interviews be granted to scholars who are unable to fly at short notice to Kolkata.
Time and again, I urged you to refrain from being vindictive towards faculty colleagues who were not in your good books, not least because I happened to be one of them. Despite the Increasing Diversity by Increasing Access (IDIA) project being incubated out of NUJS, you showed great hostility to the movement only because I founded it. Today, this movement to empower underprivileged communities through legal education has made great progress, with 28 underprivileged scholars that we trained studying at the various National Law Universities (NLU’s). You refused to sign IDIA cheques, despite opinions from reputed tax experts in the country including leading senior counsel, Arvind Datar, who more than categorically opined that you could so sign without any impediment. This greatly hampered our operations and risked the future of several underprivileged scholars being trained by IDIA.
You then reversed an earlier policy initiated by Prof MP Singh that all IDIA scholars would be granted a fee waiver, if admitted to NUJS. You stipulated that only one IDIA scholar would be granted this waiver. As a result of this change in policy, we had to send two of our most promising scholars (who merited admission to NUJS) to NLU Delhi, where Prof Ranbir Singh, the Vice Chancellor, went out of his way to support these underprivileged scholars, including offering them a fee waiver and laptops.
After much thought and deliberation, I've decided that I cannot serve under your leadership anymore. Please treat this as my resignation letter, to take effect on the 6th of February, 2014.
I write this with a very heavy heart, given how much NUJS and its students meant to me and what an intellectual exhilarating journey it was to work under the leadership of stalwarts such as Professor MP Singh. One of my friends asked me if I ever regret having cut short a promising academic career abroad to return to India. I think it was the best choice I ever made, not least because I was able to participate in the growth of one of the most promising Indian institutions and work with an exceptional group of academics to help unleash a number of educational innovations. In many ways, while NLS, Bangalore signalled a revolutionary era in Indian legal education, NUJS took it to the next level with its dynamic emphasis on research, scholarship and advancing the frontiers of legal knowledge.
All of the petty politics and bureaucratic sluggishness that one encountered from time to time were more than made up by the passion, creativity and enthusiasm of our students, who are and will continue to remain our biggest asset. Borrowing a legendary line from a Bollywood classic (Deewar), my constant refrain has been: “Mere paas students hain”.
I will miss my students dearly, as also my wonderful faculty colleagues and members of the administration and support staff, all of whom made my time at NUJS extremely memorable, treating me as one of their very own.
Since I am on leave now, I will join the University on January 6th to wind up all pending work on the IP Chair from my end. If you need me to extend this date, or if there is any other work you wish me to undertake in the interim, including helping you locate a successor for the IP Chair, please do let me know.
With the hope that NUJS will restore someday to its former glory and serve as a leading site for legal education and scholarship, I remain
Most sincerely yours,
Shamnad Basheer
Correction: The letter we republished originally omitted several paragraphs.
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Dear Jindalite,
As far as I know, you guys pay almost five times the fees of normal NLUs. I don't know what the admission criteria is, and frankly I don''t care. But five times the fees means you have 400% more money than an average NLU.
Given the mathematics, I am surprised at your current position. You guys should be doing much better. After all, you guys are the Man City of NLUs.
Anyway, cheer up mate. And enjoy it while it lasts. Someday you will have to step into the real world where everybody (almost) is equal.
X
In his over eagerness to write an eloquent letter, it appears that Basheer overlooked the most operative part which should be in a resignation - "that I wish to resign" or "that I want to step down" or "that I have had enough, to hell with you"!
Its an open ended "resignation letter" - more in the lines of "I will join back on 6th Jan and will remain there till I wind up my work"
Looks more like a "threat to resign" letter. Can the VC accept this letter as a "notice for resignation" or "resignation letter"?
All the best to Shamnad Basheer, though. One of the leaders in his field with a lot of enthusiasm for his work and the subject he likes passionately. Happy to know that his father is recovering and doing better.
I wish him all the luck. I am sure he will do well in whatever cause he takes up now.
The operative portion resigining, which has now been included in the above copy, reads:
Quote: Completely our fault...
After much thought and deliberation, I've decided that I cannot serve under your leadership anymore. Please treat this as my resignation letter, to take effect on the 6th of February, 2014.
Hope that helps
You have no idea do you ??
However, the point of his resignation seems to be to emphasize the current sorry state of affairs of what used to be one of the best law schools in the country. And no person genuinely concerned about the well-being of the university and its students can deny the truth in that account.
Prof. Singh attracted huge talent? and the entire talent pool is now with NLUD. Look at the recruitment of NLUD, 98% of students at NLUD were not placed. What's the use of talented pool of faculties if their teaching ultimately fails to equip students to sell the acquired skills in the job market. Time to introspect buddy. A teaching must respond to market forces. Actually, NUJS already had good faculties when Prof. Singh joined and thats the reason why the litmus test on recruitment from front remained untouched with his leaving NUJS.
Unfortunately there are two distinct sides to any professional university such as NUJS or NLSIU or NALSAR - first, is the teaching and research done by its faculty for furtherance of knowledge (or their own careers, for all I care) and second, the placement of students in high paying professional jobs. There never was and never will be a one-to-one correlation between these two things and therefore NLUD, with its great faculty may soon become one of the best NLUs in the country for academic purposes, but this does not mean that it will always translate to jobs.
While teaching may have to respond to 'market forces', great teachers and academicians rarely do (as their work is not always relevant to the market that hires their students). The 'market forces' that you describe are many in number and diverse in effect, so no guarantee that even with poor faculty that recruitments cannot happen.
Your description of a law school as a job churning institution for students is disturbing. Extremely disturbing.I believe that the attitude should be- study the law, enjoy studying the law, work hard, and whatever accolades and opportunities that should come your way/ you want to come your way, will follow. The Law School is an institution of education and knowledge, let us not to trivialize it.
Are we talking about the same jobs which 90% of the NLU graduates leave in the first couple of years? Life is beyond corporate law jobs. Good faculty ensure that what is once taught is remembered for years to come and stays with you for eternity.
Law is also just not about what Section 2(d) of the Patents Act or Section 5 of the Competition Act is, its much more than that. A good faculty ensures that students realise that and see the bigger picture. Really important that students realise that.
DESPICE THE VC!!! PATHETIC!
While I'm aware of fiefdoms such as these... I didn't expect such small-mindedness from such highly placed people like this VC (Bhat).
The extent of pettiness shocks me.
Dr. Vikram Singh Nain
Advocate at Rajasthan High court, Jaipur
General Secretary, All India Lawyers Union
Rajasthan Satate
www.legallyindia.com/201202052549/Analysis/nalsargate-the-inside-story-of-an-institution-and-a-secret-report
www.legallyindia.com/201201312531/Law-schools/nalsar-vc-veer-singh-a-others-accused-of-authority-abuse-fudged-accounts-a-more-by-judges-after-li-rti-stonewalled
The obvious conclusion is that Kian has some sort of covert links with Prof Bhat.
But on a serious note, Kian please consider doing a comprehensive enquiry into NUJS affairs like you did for NALSAR.
A good way to solve this problem would be to figure out the basis on which VC's are selected. There is certainly a process here and Mr. Bhat's appointment seems largely politically motivated. M.P. Singh was stellar and knew that letting small things pass is one of the key traits of an able administrator. But Bhat gets extremely personal and petty about every small thing. First AK Ganguly's shady appointment,the intern judge case, Bhat's refusal to (still) remove Ganguly, the subsequent allegations of sexual molestation by certain administrative staff followed by the exit of a large number of eminent faculty members ....in less than a span of 5 months, NUJS, under this new VC has been consumed in a veritable series of extremely shady events. If there is a higher authority, (the Bar Council), this is the time they should come and examine these happenings and appoint a new, fair and transparent Vice Chancellor. India has several eminent, fair and honourable legal academics and it shouldn't be too hard to find one to replace this current VC.
Having read all the comments, I did not find a single mention of NRMM, GC, BSC or Dada Banerjea, even as there have been reflections of the past glory. Pity, those on stage today have little idea of how NUJS was born, suffered and survived, all as a bundle of excitement. Anyone remember DN61or Aranya Bhavan? A law minister measuring floors by footsteps? A Judge considering every rupee in working out arithmetical possibility of bringing up the campus? A CJI-to-be engaged in hard bargain with building contractors? A sitting CJI inaugurating a campus bank? A Governor spending hours with architects for correct design?
Wonder if someone is interested to compile the first eight years of NUJS, from NRMM to MPS.
1. He will join NALSAR
2.He will join NLU Delhi
3. He will join AAP or Congress
So in choice [3] you have named the parties but excluded BJP. Isn't that cheeky and suggestive, mischievous on your part ?
Your logical analysis of why I would be jealous is itself flawed. Most people who are jealous or someone are equally successful and not failures. So I dont need to be a 'failed' person whether academic or professional in order to be jealous, assuming I was jealous.
Anyways to set the record straight, I am not jealous of Shamnad (god forbid) and certainly have no reason to "hate" him. I find him a loose cannon, a person who is more a liability despite being apparently a good teacher. Mediocre teachers who teach to the best of their ability and conduct themselves professionally are better than flashy types like Shamnad with whom theres no telling whether he places his own interest above that of the university or the students. And the problem is that he espouses causes that people mistakenly consider "cool" without bothering to know why.
You seem to be a student or a just-graduated lawyer. Only time will teach you of the bona fides of my words when you face similar realities in your life.
And Anish seems to be truly a product of the system. It is easier to be mediocre, keep your mouth shut, suck up where it is profitable to, and just grow naturally in seniority to climb the ladder. That is the time-tested ways. Only idealistic students and just-graduated lawyers will bother to speak their mind on issues. It is only they who don't know that the mind, especially the mediocre mind, is best kept hidden to one's advantage !
1. A student committed suicide. The Vice Chancellor went to press making the most inappropriate comments about the boy. Though the comments were withdrawn and clarifications issued after students and alumni raised a hue and cry, the bad taste remains.
2. A teacher slapped a student. The university was in news for not taking any action.
3. A staff in the Vice Chancellor's office complains of sexual harassment (including threat of an acid attack) by a male superior who holds one of the highest offices in the university. The university is faulted for its soft stance.
4. An alumnus reveals sexual harassment during an internship. It comes to light that the university took no action despite the episode being brought to its attention. A proposal to remove the accused from the position of honorary professor at the university is not acted upon till he voluntarily resigns.
5. The faculty exodus. Prabhash Ranjan, Chinmayi Arun, MK Sinha... and now Shamnad Basheer (these are just examples). Anup Surendranath who was scheduled to join NUJS, goes instead to NLUD.
6. Students raise their concerns about roll back of optional courses, and engagement of underqualified faculty members. Doubts are cast about hiring decisions, especially one where the VC sat in interview and hired his former student.
And what do we have in terms of good news? - (1) Amba Kak won the Rhodes; (2) a few alumni did well in the civil service exams. Both are in the domain of personal achievement, rather than anything that the university meaningfully and substantially contributed to. We do not even hear success stories from NUJS moot teams anymore.
How does one institution manage to generate so much bad news in such a short time? That too an institution renowned for its academic standards till the recent past? What has changed? The only major change I can see that preceded this barrage of bad news is the change of VC.
I part with this rather long comment with my adaptation of an old Lalu Prasad joke I heard somewhere:
MP Singh: Give me Mysore University and I will make it like NUJS in 5 years.
Ishwara Bhat: Give me NUJS and I will make it like Mysore University in 5 days.
And Bhat did exactly what he promised... and more
After little bit information I gathered about the above fact of victimization, after going through the following development, one can reach to the conclusion that there was sever conspiracy and mental torture that the VC has committed to many but particularly to the three associates:
1. Why the matter of promotion was not disposed off within six months?
2. Why the previous appointment was re-opened when the candidate applied for promotion?
3. Why the limitation period of three years was not followed while re-opening the previous appointment?
4. Why the matter was not referred to the Academic Council first regarding the re-opening the previous appointment of teachers?
5. Why the matter was never informed officially to the interested parties that their matter will be re-opened and why they were never given the opportunity of defending the case through hearing?
6. Why certain substantial documents were suppressed or concealed while re-opening the previous appointment of teachers ?
It seems that there are no appropriate answers to the above queries, therefore, is a clear case of victimization and conspiracy done by the VC. Obviously there must be perpetrator/s.
One should file RTI to come to know this and other realities.
This matter should be investigated properly by the NUJS authorities and should come to media at the same time.
Quoting Investigator:
LI please block this fellow. He keeps saying there was a scam during MP Singh's tenure but does not give any info or substance. He is an annoying troll.
As for Kian's comment about controversy, by that logic even the MPL should be scrapped! As Law Student has said, simply compare faculty strength, publications and qualifications. To make it impartial the panel can have professors abroad. Is that so hard to do?
1. NLUD
2. NALSAR
3. NLSIU
4. NUJS
5. All the other NLUs
Quality of faculty is very important in rankings abroad but is neglected in India. If we follow this in India, NLSIU will fall behind NLUD and NALSAR. However, due to obsession with pay packages and moots by our media, NLUD and NALSAR both lag behind NLSIU in the rankings and students prefer to go to NSLIU due to lack of proper information by the media.
constantNon NLUswww.nujs.edu/faculty/anirban-chakraborty.html
Well then, why don't you file an RTI instead of making these allegations anonymously. What is stopping you from filing an RTI, making some investigations and then bringing it before the media????
Quoting ttk:
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