The Supreme Court Yesterday (April 16th), ruled that the regulations set by the University Grants Commission (UGC) must be adhered to by universities, leading to a directive for Jamia Millia Islamia University to reinstate certain faculty members on a permanent basis.
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NEW DELHI: The Supreme Court handed down a significant ruling on Monday, emphasizing the necessity for universities to adhere to regulations outlined by the University Grants Commission (UGC). This directive stemmed from a case involving Jamia Millia Islamia University, where certain faculty members were denied permanent positions despite meeting UGC qualifications and undergoing a standard hiring process. The teachers, dissatisfied with an unfavorable decision from the Delhi High Court, sought recourse in the Supreme Court.
The crux of the matter lay in the UGC’s mandate supporting the regularization of faculty members recruited through a legitimate process and meeting its standards. Despite this, Jamia Millia Islamia University opted to initiate a new selection process rather than integrating these individuals into the regular staff roster.
Justices Abhay S. Oka and Pankaj Mithal elucidated on the court’s decision, emphasizing the injustice of the University’s actions. They remarked,
“In light of the fact that the appellants were hired through a proper selection process and meet the UGC’s qualification standards, they should have been integrated into the regular university staff. Instead, the University chose to initiate a new hiring process, which is deemed unjust, arbitrary, and a violation of Article 14 of the Constitution of India. Consequently, the appellants’ roles must be maintained following their integration.”
Justice Oka’s written judgment referenced the Kalyani Mathivanan case to underscore the authoritative weight of UGC regulations. He highlighted,
“The UGC Regulations, though subordinate, are binding on universities and non-compliance could lead to the UGC withholding funds.”
This emphasized the importance of adhering to UGC advisories, confirming their binding nature on universities.
The court’s decision was resolute. It affirmed that the appellants, having undergone due process and meeting UGC standards, should have been retained in their positions. The appeal was allowed, with the court ordering the reinstatement of the teachers within three months and granting them continuity in service and related benefits. However, the court specified that they would not receive pay for the period they were not working.
This ruling serves as a significant precedent, underscoring the obligation of universities to uphold UGC regulations and ensure fairness and adherence to due process in faculty appointments.
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