Delhi Gymkhana Club: SC judge recuses from hearing appeal against NCLAT order (Lead)


New Delhi, Aug 31 | Supreme Court judge Justice Sanjiv Khanna on Tuesday recused himself from hearing appeals filed against the NCLAT’s order directing the suspension of the general committee of the Delhi Gymkhana Club and appointment of a Centre-nominated administrator to manage the club’s affairs.

In its order, a bench of Justices A.M. Khanwilkar, Sanjiv Khanna, and J.K. Maheshwari said: “List these matters on September 13, 2021 before an appropriate bench wherein one of us (Justice Khanna) is not a member.”

One of the appeals has been filed by the directors of the board (general committee) of the club under Section 423 of the Companies Act, 2013. The NCLAT’s order had also directed that acceptance of new membership or fee or any enhancement in the fee of waitlist applications be kept on hold till disposal of the petition before the NCLT. The appeal argued that the NCLAT order is wholly untenable in law, and virtually spells the death knell of the club and other like institutions.

“The Hon’ble NCLAT has without any basis and in an arbitrary manner suspended and substituted the GC of the Club with an Administrator to be nominated by Respondent No.I/Union of India. It is submitted that this appointment, which supplants corporate democracy, is drastic, vastly excessive, has far-reaching consequences, and is usually a remedy of the last,” said the appeal.

A battery of senior advocates such as Abhishek Manu Singhvi, Harish Salve, Kapil Sibal, and C. Aryama Sundaram are appearing for parties in the matter.

The appeal added: “It is respectfully submitted that Government are not and ought not to concern themselves with the affairs of private members clubs. Without prejudice to the foregoing, the impugned order even otherwise suffers from non-application of mind as the present GC was democratically elected at the AGM held on December 31, 2020, and the allegations do not pertain to this GC, but admittedly to the period from 2013-2018.”

The NCLAT had said the club’s policy under which membership of a person attains hereditary character and general public seeking membership being made to wait for decades, is certainly prejudicial to the public interest. The appeal contended that there is no “public interest” within the meaning of Section 241 (2) of the Companies Act, in the functioning of a club which functions for the benefit of its private members, especially when it is functioning within the parameters of its charter documents.

Source: IANS

Next Story

Does MBA really help in getting a better job offer ?

Does MBA really help in getting a better job offer ?

Most students pursuing an MBA come with the sole objective of having a decent job offer or a promotion in the existing job soon after completion of the MBA. And most of them take loans to pursue this career dream. According to a recent survey by education portal  74% MBA 2022-24 aspirants said they would opt for education loans.

There are exceptional cases like those seeking master’s degree or may have a family business to take care of or an entrepreneurial venture in mind. But the exception cases are barely 1%. For the rest 99%, a management degree is a ticket to a dream job through campus placements or leap towards career enhancements. Stakes are high as many of them quit their jobs which essentially means loss of 2 years of income, apprehension and uncertainty of the job market. On top of that, the pressure to pay back the education loans. Hence the returns have to be high. There is more than just the management degree. Colleges need to ensure that they offer quality management education which enables them to be prepared for not just the demands of recruiters and for a decent job but also to sustain and achieve, all along their career path.

  • So, what exactly are the B Schools doing to prepare their students for the job market and make them industry ready ?
  •  Are B schools ready to deliver and prepare the future business leaders to cope up with the disrupted market ?  

These are the two key questions every MBA aspirant needs to ask, check and validate before filling the MBA application forms of management institutes. And worth mentioning that these application forms do not come cheap. An MBA aspirant who may have shortlisted 5 B Schools to apply for, may end up spending Rs 10,000.00 to Rs 15,000.00 just buying MBA / PGDM application forms.

While internship and placements data of some management institutes clearly indicates that recruiters today have specific demands. The skill sets looked for are job centric and industry oriented. MBA schools which have adopted new models of delivery and technology, redesigned their courses, built an effective evaluation process and prepared the students to cope with the dynamic business scenario, have done great with campus placements despite the economic slow down.

However, the skill set being looked for by a consulting company like Deloitte or KPMG may be quite different from FMCG or a manufacturing sector. Institutes need to acknowledge this fact and act accordingly.

  • Management institutes should ensure that students are intellectually engaged, self motivated and adapt to changes fast. In one word ‘VUCA ready’.
  • B Schools should encourage students to participate in national and international competitive events, simulations of business scenarios.
  • Institutes should have the right mix of faculty members with industry exposure and pure academics.

The placement records of 2021 across top management institutes indicated the fact that recruitment is happening, skilled talent is in demand and certain management institutions continued to attract recruiters even in the middle of an ongoing crisis.

It is time, all management institutes rise to the occasion, understand market realities and identify areas of improvement at both ends – students and faculty.

After all, the stakes are high at both ends. B Schools taking corrective measures will stay while those which are lagging will end up shutting down.

Author Name : Nirmalya Pal


Please enter your comment!
Please enter your name here