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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH
Principal & Secretary, Women's Christian College – Appellant
Versus
The State of Tamil Nadu, rep. by its Secretary, Department of Higher Education – Respondent
| Table of Content |
|---|
| 1. challenge to appointment approvals of minority institutions (Para 1 , 2 , 3) |
| 2. rights of minority institutions under article 30(1) of the constitution (Para 4 , 8 , 9 , 10) |
| 3. review of ugc regulations and implications for minority institutions (Para 5 , 6 , 13 , 14 , 15) |
| 4. court's view on institutional autonomy and regulations. (Para 12) |
| 5. importance of ugc's adherence and minority institutions' autonomy (Para 18 , 20 , 26) |
| 6. importance of ugc adherence for compliance. (Para 19 , 24) |
| 7. judicial precedent on minority rights and appointment processes (Para 28 , 30 , 31) |
| 8. conclusion on ugc non-applicability to minority institutions. (Para 35) |
| 9. final ruling on the applicability of ugc regulations (Para 38 , 39 , 41) |
ORDER :
(N. ANAND VENKATESH, J.)
Four autonomous colleges, which are all, admittedly, minority run institutions, have filed six writ petitions in W.P.Nos.18165, 18315, 18923, 19271, 19318 & 19319 of 2023 challenging the proceedings of the University of Madras refusing to grant approval for the appointment of 66 persons to the post of Assistant Professor.
2. One non autonomous college has filed WP.No.24801 of 2024 seeking a direction to the Annamalai Univers
UGC Regulations cannot interfere with the fundamental rights of minority institutions to administer their educational affairs, as mandated by Article 30(1) of the Constitution.
The rights of minorities to establish and administer educational institutions of their choice under Article 30 of the Constitution of India are subject to reasonable regulations that are necessary to....
Minority institutions have an absolute right to select their staff without interference from educational authorities, as protected under Article 30 of the Constitution.
The court established that the advisory nature of governing bodies under the M.G. University Act does not compromise the management autonomy of minority educational institutions guaranteed by Article....
Governing Body” or the “Managing Council” — which are mentioned in Sections 54 and 55 of the “M.G.University Act” — are only advisory in nature and distinct from the Management or Educational Agency,....
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
Point of Law : Irrespective of whether the University Acts under Entry 25 of List III or the Statutes framed there under are amended in line with the UGC Regulations or not, in view of its adoption b....
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
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