The Judiciary must recognize its pivotal role in restoring confidence among minorities, says judge.

Whenever the constitutional rights guaranteed to the minorities are threatened, it is imperative on the part of the judiciary to intervene and reinforce the very essence of the country’s democratic ethos and its dedication to unity in diversity, the Madras High Court said on Thursday.

Justice N. Anand Venkatesh wrote: “The dawn of India’s independence heralded a profound commitment to safeguarding the rights of minorities, instilling a sense of security amid apprehensions about their future in a newly sovereign nation,” and therefore, the courts must always protect those rights.

The judge said that Article 30(1) of the Constitution, which speaks of the rights of religious and linguistic minorities to establish and administer educational institutions of their choice, was more in the nature of a protection granted to the minorities than recognising their right.

“This provision was not merely a legal formality. It was a promise made by the framers of the Constitution to protect the cultural and educational identities of minority communities. In instances where these rights are threatened, it is imperative that constitutional courts intervene decisively to reaffirm this commitment and ensure that the foundational ideals of justice and equality are upheld,” he said.

The judge went on to state: “The Judiciary must recognize its pivotal role in restoring confidence among minorities, by acting as a guardian of the rights that were pledged to them, and thus reinforcing the very essence of India’s democratic ethos and its dedication to unity in diversity.”

He made the observation while holding that the University Grants Commission (UGC) Regulations, 2018, and a consequent Government Order issued by the Tamil Nadu Government on January 11, 2021, for adopting those regulations, would not be applicable to appointment of Assistant Professors and Principals in minority run educational institutions.

The orders were passed while allowing a batch of writ petitions filed by Women’s Christian College, Madras Christian College, Loyola College and Stella Maris College in Chennai and the Sacred Heart Arts and Science College in Villupuram district against the refusal of the University of Madras and Annamalai University to approve the appointment of 66 Assistant Professors and a Principal due to non compliance with the UGC Regulations, 2018.

The judge agreed with senior counsel Isaac Mohanlal, representing the petitioner institutions, that the Supreme Court in a catena of decisions had recognised the right of minority educational institutions to appoint teaching staff of their choice as long as the appointees possess the requisite educational and professional qualifications.

In 2011, a Division Bench of the High Court had, in Forum of Minority Institutions and Associations versus State of Tamil Nadu, ruled that the UGC Regulations of the years 2000 and 2010, which insist on forming selection committees comprising external members such as vice-chancellor’s nominees, would not be applicable to minority educational institutions.

Since the 2018 regulations too insist on constituting such selection committees before appointing the teaching staff, these regulations too would not be applicable to minority institutions, the judge held. He said the presence of outsiders in the selection committee would dilute the right of the minority institutions to manage their affairs.