{"id":345042,"date":"2025-04-03T17:30:29","date_gmt":"2025-04-03T12:00:29","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=345042"},"modified":"2025-04-08T11:47:31","modified_gmt":"2025-04-08T06:17:31","slug":"ugc-regulations-not-applicable-minority-institutions-madras-hc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/04\/03\/ugc-regulations-not-applicable-minority-institutions-madras-hc\/","title":{"rendered":"UGC Regulations on teachers’ appointments infringe Article 30 of the Constitution; not applicable to Minority Institutions: Madras High Court"},"content":{"rendered":"
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Madras High Court:<\/span> In a batch of petitions filed challenging the proceedings of the University of Madras refusing to grant approval for the appointment of 66 persons to the post of Assistant Professor and seeking a direction to the Annamalai University to grant approval for appointment to the post of Principal, the single judge bench of N. Anand Venkatesh, J. held that 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 (‘UGC Regulations, 2018’) will not apply to the minority institutions. Given this conclusion, the refusal by the University of Madras and Annamalai University to grant approval for appointments based on non-compliance with the UGC-mandated Selection Committee structure was deemed invalid. The Court observed that the State Government’s Government Order was merely an adoption of the UGC Regulations, 2018<\/a>, and since the UGC-mandated Selection Committee was found to infringe upon minority rights, the Government Order itself could not stand. Therefore, the reasoning behind the universities’ refusal to approve appointments also failed.<\/p>\n

In conclusion, the writ petitions were allowed, and the impugned orders issued by the University of Madras and Annamalai University were quashed. The Court directed both universities to approve the selections made by the petitioners for the posts of Assistant Professor and Principal without reference to UGC Regulations, 2018<\/a> and the Government Order.<\/p>\n

Background<\/h3>\n

The petitioners challenge the refusal of the University of Madras and Annamalai University to grant approval for the selection of candidates to the posts of Assistant Professor and Principal, citing non-compliance with the selection process mandated under the UGC Regulations, 2018. The universities based their refusal on the ground that the appointments were not made through a duly constituted Selection Committee, as required by the UGC Regulations, which were adopted by the State Government through its Government Order dated 11-01-2021. However, the petitioners contend that the insistence on adherence to the UGC-mandated selection process violates the fundamental rights of minority institutions under Article 30(1)<\/a> of the Constitution of India<\/a>. They argue that minority institutions have the autonomy to manage their educational institutions, including the selection of teaching staff, without external interference. In view of this, the petitioners seek to set aside the proceedings of the respondent universities and request a direction to approve the selections made by the institutions without reference to the UGC Regulations.<\/p>\n

Issues<\/h3>\n