Ordinances of Allahabad University challenged in Supreme Court for alleged violation of rights of minority institutions

A plea has been filed before the Supreme Court challenging the Constitutional validity of several provisions of Ordinances of the University of Allahabad and Clause 4.1V(B)(i) of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018..The petition was filed by Association for Education of Muslim Women at Allahabad which runs the Hamidia Girls’ Degree College. The college was asked to initiate steps to appoint nominees of the Vice-Chancellor of the University to the governing body of the college, in accordance with the provisions of Ordinance XXXV of the Ordinances of the University of Allahabad, leading to the present challenge..The plea filed through advocate Zoheb Hossain said that due to the ordinance, the University of Allahabad has been empowered to frame regulations providing for the procedure for the appointment of non-teaching staff and also for the setting up of selection committees for the appointment of non-teaching staff and the same amounts to “interference with the right of the petitioner under Articles 19(1)(g), 29(1) and 30(1) of the Constitution”..The provisions challenged in the Supreme Court:(i) require the management and administration of constituent colleges of the Allahabad University including minority institutions to be carried out through a society whose governing body is to include nominees of the Vice-Chancellor;(ii) prohibit the petitioner from managing institutions other than the constituent college;(iii) subject constituent colleges of the Allahabad University, including minority institutions, to ordinances and regulations of the University governing admission and empowers the principal to determine the procedure for admission(iv) provide for the appointment of teachers through a selection committee comprising of nominees of the Vice-Chancellor;(v) provide for the appointment of principals through a selection committee comprising of nominees of the Vice-Chancellor;.The plea said that a minority institution may have its own procedure and method of admission and the management of such an institution should have the freedom to pursue the same..“In the matter of day-to-day management, like the appointment of staff, teaching and non-teaching, and administrative control over them, the management should have the freedom and there should not be any external controlling agency,” the petition stated..It was contended that the provisions which require the management and administration of colleges including minority institutions to be carried out through a society whose governing body is to include nominees of the Vice-chancellor, directly violates the law laid down in the judgment in DAV College vs. State of Punjab & Ors..Further, the plea said that provision which prohibits the petitioner from managing institutions other than the constituent college violates the rights of the Petitioner under Articles 19(1)(g), 29(1) and 30 of the Constitution..The petition, therefore, sought a declaration to set quash the following:- clauses 2(a), 3(b), 5(a), 6(c), 6(n), 7(d) and 7(f) and the first proviso to clause 2(a) of Ordinance XXXV of the 54 Ordinances of the University of Allahabad, - Clauses 2(c), 2(h), 2(i), 3(a), 3(b) and 3(c) of Ordinance XXXVIII of the Ordinances of the University of Allahabad, - Clause 2(b) of Ordinance XLIX of the Ordinance of the University of Allahabad and - Clause 4.1V(B)(i) of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018, .The plea also sought quashing of a letter issued to the Hamidia Girls’ Degree College by the Allahabad University requiring it to take steps to appoint nominees of the Vice-Chancellor to its governing body and requiring it to provide details of VC nominees appointed during the period from 2008 to 2016.