In India, the Universities are to be recognized by the University Grants Commission under the UGC Act 1956 and the UGC issues regulations from time to time governing the Universities. There are different types of universities like Central Universities established by the Government of India, State Universities established by the State Legislatures, Deemed-to-be universities. Among the State Universities, there are government universities established by the State Governments and private universities established by private Trusts or Societies. Among the private Universities, there are universities specifically designated as Minority Universities established by the Minority groups (religious/linguistic/cultural) and mentioned as minority university in the Legislation passed in the State Legislature. Vice Chancellor is the Chief Executive Officer of the University and is supposed to manage, run and administer the University. In one such minority University of India established by a Muslim group and legislated in the State Legislature, the post of Vice-Chancellor has fallen vacant. The University is recognized by the UGC under section 2(f) and 12(B) of the UGC Act, 1956. The UGC has come out with Regulations for maintaining minimum standards through an Extraordinary Gazette of India No.271 dated 18th July 2018 named as " UGC Regulations on Minimum Qualifications for the appointment of teachers and other academic staff in universities and colleges and measures for the maintenance of standards in Higher Education 2018". The regulations have been made mandatory for every university. But it has not specified whether it is applicable to "Minority Universities" established under Article 30 of the Constitution of India. The Vice-Chancellor is an academic staff and is the Chairman of the Academic Council of the University. The Gazette notification gives procedures for appointment of Vice -Chancellors and other academic staff like Professors, Associate Professors and Assistant Professors. If the Gazette notification is made mandatory on minority Universities also, it would be challenging the article 30 of the Constitution of India. If the freedom of the article 30 is used by the minority university, it would be violating the "Regulations of the UGC for maintenance of the standards in Higher Education. Under these circumstances, how can a Minority University appoint a Vice-Chancellor of its choice even if the person does not have exactly and strictly the specifications given in the UGC Regulations? If UGC Regulations are followed constitutional rights are abrogated. If constitutional rights appropriated, the UGC regulations may be violated. What is the remedy available to the Minority University?
While all faculty appointments are made according to norms of UGC and other regulatory authorities, the mandatory qualification that a Vice-Chancellor should have 10 years of experience as a Professor is creating difficulties. The University's choice of a person does not have this experience. What is the remedy?
Madras HC has held
The right of minority institutions under Article 30 of the Constitution is absolute right and therefore any regulation interfering with the right of administration would
not be applicable to the minority institutions."
Filing writ in HC is the only remedy
For the said remedy you need to approach the High court under writ jurisdiction.
