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.

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 the University refusing to approve the qualification of the Assistant Professors on the ground that the selection was made without following paragraph Nos.5 and 6 of the UGC Regulations, 2018.

3. Writ Petition No.24801 of 2024 has been filed by an educational institution for issuance of a writ of mandamus directing the University to grant qualification approval to the Principal of the petitioner college without reference to the relevant paragraphs in the UGC Regulation.

4. The main issue that is involved in all these five writ petitions is as to whether the fundamental right that is guaranteed to the minority institutions under Article 30(1) of the Constitution of India can be tampered with/interfered by way of mandating the adherence to the Regulations of UGC. The UGC Regulation dated 18.07.2018 stipulates a particular procedure to be followed in Clause 5.1(V) insofar as Assistant Professor is concerned and Clause

5.1(VIII) insofar as the Principal is concerned. 5. Before coming into force of the 2018 Regulations, the 2010 Regulations were in force. Even before that, 2000 Regulations were in force. While dealing with such a mandate that was imposed by the relevant Regulation, the Division Bench of this Court in The Forum of Minority Institutions and Associations v. The State of Tamil Nadu and others [2011 (1) CTC 162] went into the entire gamut of cases decided by the Apex Court and culled out the following principles at paragraph No.57 of the judgment:

‘57. The Hon'ble Supreme Court was further pleased to lay down that extension of Regulations by the state, permissible in respect of employees of minority educational institutions receiving aid from the State could only be to:

(i) the minimum qualifications, experience and other criteria bearing on merit, for making appointments,

(ii) the service conditions of employees without interfering with the overall administrative control by the management over the staff,

(iii) a mechanism for redressal of the grievances of the employees, (iv)the conditions for the proper utilisation of th