Chennai: The Madras High Court has ruled that the University Grants Commission (UGC) regulations of 2018 do not apply to minority educational institutions concerning the appointment of associate professors and principals. The court emphasized that constitutional courts must intervene when the rights of minority institutions under Article 30(1) of the Indian Constitution are threatened.
Justice N Anand Venkatesh, delivering the judgment in The Principal & Secretary, Women’s Christian College and Ors. v. State of Tamil Nadu and Ors., underscored that Article 30 is not a mere legal formality but a fundamental right ensuring the autonomy of minority institutions in managing their affairs. The judiciary, he noted, plays a crucial role in upholding these rights and fostering confidence among minority communities.
The case stemmed from petitions filed by four minority-run autonomous colleges—Women’s Christian College, Madras Christian College, Stella Maris, and Sacred Heart Arts and Science College. The institutions had challenged the refusal of Madras University and Annamalai University to approve faculty appointments, citing non-compliance with the 2018 UGC regulations.
The UGC, supported by the Tamil Nadu government and the universities, argued that its regulations were applicable to all institutions, including those run by minorities. However, Justice Venkatesh referred to a 2011 ruling in Forum of Minority Institutions and Associations v. State of Tamil Nadu, where the court had held that earlier UGC regulations from 2000 and 2010 did not apply to minority institutions. He found no substantive change in the 2018 regulations warranting a different interpretation.
“The minority institutions need not repeatedly challenge the UGC regulations as and when new regulations are introduced unless a substantial change is made,” the court observed.
The court ruled that both the 2018 UGC regulations and the Tamil Nadu government’s 2021 order adopting them violated the constitutional rights of minority institutions. Consequently, Madras University and Annamalai University were directed to approve the faculty appointments without referring to these regulations, provided the candidates met the necessary qualifications.
Senior Advocate Isaac Mohanlal represented the petitioners, while Special Government Pleader D Ravichandran appeared for the state. Additional Solicitor General AR L Sundaresan, assisted by Standing Counsel B Rabu Manohar, represented the UGC.
The judgment reaffirms the constitutional guarantee of autonomy for minority educational institutions, ensuring their right to administer without undue interference.
