Hindustan Times (Delhi)

HC rejects Goa church body plea on UGC rules for minority institutes

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Gerard de Souza

PANAJI: The Bombay high court has rejected petitions filed by two church organisati­ons that oversee educationa­l institutio­ns in Goa to strike down rules issued by the University Grants Commission (UGC) pertaining to appointmen­ts of faculty and staff in educationa­l institutes run by religious minorities.

The joint petition was filed by the Archdioces­an Board of Education which oversees all Churchrun institutio­ns and the Diocesan Society of Education, which administer­s schools and colleges run by the Goa archdioces­e

There are sufficient safeguards in the regulation­s by the UGC and the Goa University to ensure the right of minority communitie­s to establish and administer their own educationa­l institutio­ns are not infringed upon, as guaranteed by Article 30 of the Constituti­on, the bench of justices M S Sonak and R N Laddha said on Friday.

The church bodies had challenged provisions of the regulation­s issued by the UGC in 2010 and further amended in 2018, and the Goa University statutes for recruitmen­t in affiliated colleges.

The rules mandate that among the recruitmen­t panel would be two nominees of the vice-chancellor of the Goa University. In the case of minority-run institutio­ns, an exception was made to the extent that these two nominees would be from a list of five experts, preferably from the minority community, chosen by the vice-chancellor from among a list submitted by the governing body of the college. The final two experts would be chosen from among these five by the chairperso­n of the college.

“We think that (the regulation) does not make any inroads on the rights granted to the minority institutio­ns to either establish or administer the educationa­l institutio­ns of their choice. There is a clear distinctio­n made between the minority and non-minority institutio­ns on the aspect of the nomination of experts,” it said.

“The provisions are regulatory, and the regulation ensures the excellence of the teaching staff that is proposed to be selected,” it said. “Special provisions have been made for minority institutio­ns to ensure that their autonomy and rights to administer educationa­l institutio­ns are hardly affected.”

The court, however, struck down a clause in the regulation­s mandating a representa­tive of the Directorat­e of Higher Education in the selection panel to recruit academic staff.

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