The bench of Justice R.N. Manjula ruled in favor of the petitioners, stating that UGC Regulations mandating a Selection Committee were not applicable to minority institutions.
04/10, 08:26] sekarreporter1: https://lawbeat.in/news-updates/autonomy-hiring-madras-high-court-sides-minority-institutions-over-ugc-guidelines
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04/10, 08:26] sekarreporter1: https://lawbeat.in/news-updates/autonomy-hiring-madras-high-court-sides-minority-institutions-over-ugc-guidelines
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Autonomy in Hiring: Madras HC Sides with Minority Institutions Over UGC Guidelines
Salil Tiwari
05:02 PM, 03 Oct 2024
Read Time: 06 minutes
Synopsis
The minority institutions do not loose their character or nature/ management, merely due to the receipt of aid from the State or its agencies, court said
The Madras High Court at Madurai Bench recently delivered a significant judgment in a case concerning the rights of minority institutions in appointing faculty without adhering to the University Grants Commission (UGC) Regulations, 2018. The judgment came in a batch of petitions filed by several minority institutions affiliated with Madurai Kamaraj University.
The key issue was whether these minority institutions were required to follow UGC’s guideline for forming a Selection Committee while appointing faculty members, particularly Assistant Professors. The institutions argued that the UGC Regulations violated their constitutional rights under Article 30(1), which grants minorities the right to establish and administer their own educational institutions.
The bench of Justice R.N. Manjula ruled in favor of the petitioners, stating that UGC Regulations mandating a Selection Committee were not applicable to minority institutions.
Court referred to several Supreme Court rulings, including the case of The Forum of Minority Institutions and Associations vs. The State of Tamil Nadu, which had previously established that UGC regulations for selection committees do not apply to minority institutions.
Court further pointed out that involving outsiders in the appointment process of minority institutions through the selection committee would infringe upon their administrative autonomy. According to the judgment, requiring such institutions to conform to UGC’s selection procedures contradicts the rights granted to them by the Constitution.
While the court acknowledged the importance of maintaining the quality of education and ensuring that appointees meet the necessary qualifications, it stated that the methodology of appointing teachers should remain within the discretion of the minority institutions.
The judgment also underscored that there was no claim that the appointed teachers lacked qualifications, and the quality of education at these institutions had not been compromised.
Court emphasized that the rights of minority institutions to appoint teachers compatible with their institutions’ outlook and aspirations are protected under Article 30(1).
Furthermore, Justice Manjula highlighted that while the State may prescribe qualifications for faculty members, it cannot interfere with the methodology of recruitment or compel minority institutions to form a selection committee as prescribed by the UGC.
Court also rejected the argument that minority institutions should follow UGC guidelines simply because they receive aid from the government. It noted that the receipt of government aid does not dilute the rights of these institutions to manage their internal affairs, including faculty appointments.
Court, accordingly, quashed the proceedings initiated by Madurai Kamaraj University, which had denied approval for the appointments made by these institutions without following the UGC’s selection committee guidelines.
Court directed the university to re-consider institutions’ applications for qualification approval for the appointments without insisting on formation of a selection committee.
Case Title: The Principal & Secretary Lady Doak College v. State of Tamil Nadu and Connected Matters
Download and read judgement here
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[04/10, 08:26] sekarreporter1: https://lawbeat.in/news-updates/autonomy-hiring-madras-high-court-sides-minority-institutions-over-ugc-guidelines
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Autonomy in Hiring: Madras HC Sides with Minority Institutions Over UGC Guidelines
Salil Tiwari
05:02 PM, 03 Oct 2024
Read Time: 06 minutes
Synopsis
The minority institutions do not loose their character or nature/ management, merely due to the receipt of aid from the State or its agencies, court said
The Madras High Court at Madurai Bench recently delivered a significant judgment in a case concerning the rights of minority institutions in appointing faculty without adhering to the University Grants Commission (UGC) Regulations, 2018. The judgment came in a batch of petitions filed by several minority institutions affiliated with Madurai Kamaraj University.
The key issue was whether these minority institutions were required to follow UGC’s guideline for forming a Selection Committee while appointing faculty members, particularly Assistant Professors. The institutions argued that the UGC Regulations violated their constitutional rights under Article 30(1), which grants minorities the right to establish and administer their own educational institutions.
The bench of Justice R.N. Manjula ruled in favor of the petitioners, stating that UGC Regulations mandating a Selection Committee were not applicable to minority institutions.
Court referred to several Supreme Court rulings, including the case of The Forum of Minority Institutions and Associations vs. The State of Tamil Nadu, which had previously established that UGC regulations for selection committees do not apply to minority institutions.
Court further pointed out that involving outsiders in the appointment process of minority institutions through the selection committee would infringe upon their administrative autonomy. According to the judgment, requiring such institutions to conform to UGC’s selection procedures contradicts the rights granted to them by the Constitution.
While the court acknowledged the importance of maintaining the quality of education and ensuring that appointees meet the necessary qualifications, it stated that the methodology of appointing teachers should remain within the discretion of the minority institutions.
The judgment also underscored that there was no claim that the appointed teachers lacked qualifications, and the quality of education at these institutions had not been compromised.
Court emphasized that the rights of minority institutions to appoint teachers compatible with their institutions’ outlook and aspirations are protected under Article 30(1).
Furthermore, Justice Manjula highlighted that while the State may prescribe qualifications for faculty members, it cannot interfere with the methodology of recruitment or compel minority institutions to form a selection committee as prescribed by the UGC.
Court also rejected the argument that minority institutions should follow UGC guidelines simply because they receive aid from the government. It noted that the receipt of government aid does not dilute the rights of these institutions to manage their internal affairs, including faculty appointments.
Court, accordingly, quashed the proceedings initiated by Madurai Kamaraj University, which had denied approval for the appointments made by these institutions without following the UGC’s selection committee guidelines.
Court directed the university to re-consider institutions’ applications for qualification approval for the appointments without insisting on formation of a selection committee.
Case Title: The Principal & Secretary Lady Doak College v. State of Tamil Nadu and Connected Matters
Download and read judgement here
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