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.

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