HC disposes petitions challenging UGC regulations

Updated on: Thursday, January 06, 2011

Disposing a batch of writ petitions challenging UGC regulations on minimum qualification for appointment in universities and colleges, Madras HC 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 institutionsâ€™ 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 institutionsâ€™ 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.

HC disposes petitions challenging UGC regulations

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