Madras High Court: Judiciary Must Uphold Minority Rights When Threatened

Chennai, March 28, 2025 – The Madras High Court has reaffirmed the judiciary’s responsibility to intervene when constitutional rights granted to minorities are under threat. Justice N. Anand Venkatesh ruled on Thursday that the University Grants Commission (UGC) Regulations, 2018, do not apply to educational institutions run by minority communities.  

Justice Venkatesh emphasised that India’s commitment to protecting minority rights dates back to its independence, ensuring a sense of security for these communities. He stressed that courts must actively safeguard these rights, as enshrined in Article 30(1) of the Constitution, which allows religious and linguistic minorities to establish and manage educational institutions of their choice.  

“This provision is not merely a legal formality; it represents a solemn promise by the framers of the Constitution to preserve the cultural and educational identity of minority communities. When these rights are threatened, constitutional courts must step in decisively to uphold justice and equality,” he stated.  

The judge further noted that the judiciary plays a crucial role in restoring confidence among minorities by acting as a guardian of their constitutional rights, reinforcing India's democratic ethos and commitment to unity in diversity.  

The ruling came in response to writ petitions filed by Women’s Christian College, Madras Christian College, Loyola College, Stella Maris College in Chennai, and Sacred Heart Arts and Science College in Villupuram. These institutions challenged the refusal of the University of Madras and Annamalai University to approve the appointments of 66 Assistant Professors and a Principal due to non-compliance with UGC regulations.  

Senior counsel Isaac Mohanlal, representing the petitioner institutions, argued that the Supreme Court has consistently upheld the right of minority-run institutions to appoint their own teaching staff, provided the candidates meet the necessary qualifications. The judge concurred, citing a 2011 Division Bench ruling that exempted minority institutions from earlier UGC regulations requiring external members on selection committees.  

Justice Venkatesh ruled that the 2018 UGC regulations, which also mandate external selection committees, similarly do not apply to minority institutions. He stated that including external members in the selection process would infringe upon the institution's right to self-governance.  

With this ruling, the High Court reaffirmed the constitutional protections afforded to minority-run institutions, ensuring they retain autonomy in appointing their teaching staff.

Courtesy: The Hindu