CHENNAI: Holding that the 2018 UGC regulations on appointment of teaching faculty by setting up the selection committee in a particular manner infringe upon the fundamental rights of minorities for establishing educational institutions, the Madras High Court has ruled that such regulations do not apply to minority institutions.
The ruling was given by Justice N Anand Venkatesh on the petitions filed by four minority autonomous colleges, Women’s Christian College, Madras Christian College, Loyola College, Stella Maris College, all four in Chennai, and the Sacred Heart Arts and Science College in Tindivanam challenging the decisions of the University of Madras and the Annamalai University refusing to give approval to selection of 66 assistant professors in the four colleges and the principal in the fifth college.
The rejection was made on the ground that the selection was not made through a properly constituted selection committee as mandated by the UGC Regulations, 2018 and the subsequent state government’s 2021 GO.
Citing orders of the division bench of the High Court and the Supreme Court on the powers of the minority educational institutions, the judge said, “The relevant the UGC Regulations directly interfere with the overall administrative control of the management which dilute/abridge the right to establish and administer educational institutions guaranteed to the minority institutions.”
“In view of the above, both the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 as well as the (TN’s) GO dated 11.1.2021 adopting the Regulations, 2018 and providing the guidelines on the selection procedure through the constitution of a selection committee infringe upon the fundamental right guaranteed under Article 30(1) of the Constitution,” Justice N Anand Venkatesh said in the verdict pronounced on Thursday.
“As a consequence, this Court holds that the UGC Regulations, 2018 will not apply to the minority institutions,” he stated.
He directed both the universities to grant approval to the selection made by the colleges subject to the selected candidates fulfilling the other qualifications and experience within a period of four weeks.
Senior counsel Isaac Mohanlal, appearing for the petitioner-colleges, submitted that the insistence on constituting the selection committee for appointing teaching faculty violates the rights of the minorities to establish and run higher educational institutions.
The UGC, for which Additional Solicitor General ARL Sundaresan appeared, contended that the selection committee must be constituted by all the institutions, including minorities-run ones. Both the UGC and the state government stated that approval cannot be given unless selection is made in accordance with the 2018 Regulations.
Courts shall protect rights of minorities
The judge observed that the dawn of India’s independence heralded a profound commitment to safeguarding the rights of the minorities, instilling a sense of security amid apprehensions about their future in a newly sovereign nation. The Constitution, a beacon of hope, enshrined these assurances particularly through Article 30 (1) which guarantees minorities the right to establish and administer educational institutions of their choice.
“This provision was not merely a legal formality. It was a promise made by the framers (of the Constitution) to protect the cultural and educational identities of minority communities,” Justice Venkatesh noted in the order.
He explained that in instances where these rights are threatened, Constitutional Courts must intervene decisively to reaffirm this commitment ensuring that the foundational ideals of justice and equality are upheld. The Judiciary must recognize its pivotal role in restoring confidence among minorities.