Chennai: Disposing a batch of writ petitions
challenging UGC regulations on minimum qualification for
appointment in universities and colleges, Madras High Court
on Wednesday observed "the right of minority institutions under
Article 30 is an absolute right being the basic structure of
the Constitution."
In a batch of writ petitions, Forum of Minority Institutions
and Associations sought to declare Clause 3 of the annexure to
the UGC Regulations-2000 regarding minimum qualification for
appointment and career advancement of teachers in universities
and colleges as violative of fundamental rights and
inapplicable to members of the petitioner association.
The petitioners submitted that colleges had filled up
teaching staff vacancies when approval of appointments was
sought for and the universities concerned refused approval on
the ground that the selection committee had not been
constituted in accordance with the UGC 2000 regulations.
A Division Bench comprising Justice D Murugesan and Vinod
K Sharma said minority institutions? right to select
candidates of their choice by regulating their process of
selection had been upheld by the Supreme Court. In view of the
settled proposition of law, "selecting teachers could not be
regulated as it would amount to interference in minority
institutions administration".
"Therefore, any regulation interfering with the right of
administration would not be applicable to minority
institutions, being violative of the Constitution", the bench
said.
Declaring that the "impugned regulations for constituting
selection committee would not be applicable to minority
institutions", the bench directed the authorities to approve
the selection made without reference to Clause 3 of the
regulations, subject to selected candidates fulfilling other
qualifications.
PTI
