TN order of UGC regulations for appointments of posts is not applicable to minority institutions: Madras HC

CHENNAI: Holding that the Tamil Nadu government’s order adopting the 2018 University Grants Commission (UGC) regulations, stipulating the constitution of a committee to appoint teaching faculty, infringes upon the rights of the minority educational institutions, the Madras High Court said that the regulations do not apply to the minority institutions.

“The dawn of India's independence heralded a profound commitment to safeguarding the rights of minorities and the judiciary must recognise its pivotal role in restoring confidence among minorities, acting as a guardian of the rights that were pledged to them, thus reinforcing the very essence of India's democratic ethos and its dedication to unity in diversity,” wrote Justice N Anand Venkatesh by allowing the batch of petitions moved by several minority institutions challenging the order of the state government.

Referring to Article 30 (1) of the Constitution, which postulates that religious communities have the right to establish and administer educational institutions of their choice, the judge held that this provision was not merely a legal formality, but a promise made by the framers of the Constitution to protect the cultural and educational identities of minority communities.

The government order adopting the 2018 UGC regulations for appointment of posts, including assistant professors and principals by setting up a selection committee in a particular manner, infringes the fundamental rights of the minority institutions conferred under Article 30 (1) of the Constitution, wrote the judge.

The court rejected the decisions of the University of Madras and Annamalai University, refusing to approve the selection of 66 assistant professors and one principal by minority institutions. Further, it directed the universities to grant approval to the selection made by the minority institutions.

A batch of petitions was moved by four minority institutions – Women's Christian College, Madras Christian College, Loyola College, and Stella Maris College in the city, challenging the decision of the University of Madras refusing to approve their appointments of 66 assistant professors.

Similarly, another petition was moved by Sacred Heart Arts & Science College, Tindivanam, challenging the disapproval of Annamalai University of its appointment of the principal post.

The State and Universities submitted that no approval can be granted for the appointments made unless the selection is made in accordance with the mandate provided under the UGC Regulations, 2018.

The UGC took a stand that the 2018 regulations apply to all institutions, including minority institutions.