Chennai: Madras High Court has categorically held that the UGC regulations on minimum qualifications for appointment of teachers and other academic staff in universities and colleges will not apply to minority institutions. This includes measures for maintenance of standards in higher education and guidelines on the selection procedure through the constitution of a selection committee, Justice N Anand Venkatesh has said.
“The right of minorities to establish and administer their educational institutions 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,” the judge said. In instances where these rights are threatened, it is imperative that constitutional courts intervene decisively to reaffirm this commitment, ensuring that the foundational ideals of justice and equality are upheld, the judge said.
The court passed the order on a batch of pleas moved by Women’s Christian College, Madras Christian College, Loyola College, Stella Maris College, and Sacred Heart Arts and Science College, Tindivanam. They challenged the refusal of Madras University to grant approval for the appointment of 66 people to the post of assistant professors and sought direction to Annamalai University to grant approval for Sacred Heart College for the appointment of a principal.
The refusal was on the ground that the selection to the posts was not made through a properly constituted selection committee as mandated under the University Grants Commission (UGC) Regulations, 2018, which were adopted by the state govt through a GO dated Jan 11, 2021. Quashing the denial orders of the universities, the court said, “The dawn of India’s independence heralded a profound commitment to safeguarding the rights of minorities, instilling a sense of security amid apprehensions about their future in a newly sovereign nation.”
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, the judge added. MSID:: 119712835 413 |
