Karnataka High Court stays proceedings against IIMB faculty in caste discrimination case

Bengaluru: The Karnataka High Court has stayed proceedings initiated against officials and faculty members of the Indian Institute of Management Bangalore (IIMB) following a notice issued by the Directorate of Civil Rights Enforcement (DCRE) Cell.

The notice stemmed from a complaint by Dr Gopal Das, alleging caste-based discrimination.

Justice Hemant Chandanagoudar ruled that while the DCRE has the authority to prosecute people for fraudulently obtaining caste certificates, it lacks jurisdiction to investigate harassment allegations.

“Section 7 (a) of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment etc.,) Rules, 1992, stipulates that the Directorate of Civil Rights Enforcement Cell can prosecute a person who has obtained a caste certificate fraudulently and has no authority to enquire into the allegations of harassment of a person belonging to the Scheduled Caste and Schedule Tribe community.

"Therefore, the impugned notice issued by Respondent No 2 (DCRE), prima facie, lacks authority. Interim order, as prayed for, in so far relates to all the petitioners herein. List this matter on the second week of January 2025,” the court said.

The interim relief benefits IIMB Director Prof Rishikesha T Krishnan and faculty members Prof Dinesh Kumar, Sreelata Jonnalagadda, Prof Rahul De, Prof Ashis Mishra, and Prof Chetan Subramanian. In July 2024, the court had already stayed proceedings related to the notice issued against Dr Devi Prasad Shetty, Chairman of the Board of Governors.

Separate case

Separately, the Mico Layout police registered an FIR based on Dr Gopal Das’s complaint. The FIR invokes sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, along with sections 351(2) and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, citing similar allegations against the faculty members.

The court’s interim order provides significant relief to the IIMB officials as the case progresses.