The right of minority institutions under Article 30 is an absolute right being the basic structure of the Constitution. Therefore, any regulation interfering with the right of administration would not be applicable to minority institutions, the Madras High Court has said.
A Division Bench comprising Justices D.Murugesan and Vinod K.Sharma said the contention that the right to administer did not include right to maladminister also could not be accepted as minority institutions would be bound by qualification laid down for appointment of teachers and would be bound to follow other statutory laws necessary for running their institutions to maintain educational standards.
In its petition, The Forum of Minority Institutions and Associations, represented by its secretary, Kailash Mull Dugar, 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 the fundamental rights and inapplicable to the members of the petitioner association. The petitioners said the colleges had filled vacancies in teaching staff and when approval of appointments was sought, the universities concerned refused approval on the ground that the selection committee had not been constituted in accordance with the UGC 2000 regulations.
