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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
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 University to grant approval for appointment to the post of Principal.
3. The refusal was on the ground that the selection to the posts of (a) Assistant Professor and (b) Principal, as the case may be, 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 Government in G.O.Ms.No.5 dated 11.1.2021.
4. When W.P.Nos.18165, 19271, 19318 & 19319 of 2023 & 24801 of 2024 came up for hearing on 12.9.2024, this Court passed the following common order :
“Heard learned counsel appearing on either side.
2. Writ Petition Nos.18165, 19271, 19318 & 19319 of 2023 have been filed by the educational institutions challenging the orders passed by
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.
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).
Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with stat....
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