In a significant ruling, the Supreme Court has directed Jamia Milia Islamia to reinstate teachers on a permanent basis, affirming the binding nature of University Grants Commission (UGC) regulations. The court emphasized that universities are obligated to comply with UGC guidelines, particularly regarding the regularization of qualified teachers.
The judgment, delivered by a bench comprising Justices Abhay S. Oka and Pankaj Mithal, underscores the importance of upholding the rights of teachers appointed through a proper selection process and possessing the requisite qualifications as per UGC norms. The court deemed the university’s failure to regularize such teachers and instead initiating a fresh selection procedure as unjust and arbitrary, violating Article 14 of the Indian Constitution.
The case originated from a letter sent by the UGC to Jamia Milia Islamia, permitting the university to merge the posts of selected teachers with its regular establishment. However, the university opted for a fresh selection process, prompting the aggrieved teachers to approach the Delhi High Court and subsequently the Supreme Court.
In its defense, the university argued that the UGC letter lacked binding effect. However, the Supreme Court rejected this contention, citing the precedent set in the case of Kalyani Mathivanan v. K.V. Jeyaraj and others, which affirmed the binding nature of UGC regulations on universities.
The court’s judgment underscores the statutory position of the UGC and the obligation of universities to adhere to its recommendations. It emphasizes the importance of continuity in service for qualified teachers and the need to prevent arbitrary actions by educational institutions.
As a result, the Supreme Court allowed the appeal and directed the reinstatement of the teachers within three months. However, it clarified that the teachers would not be entitled to pay and allowances for the period they were not actively working.
This ruling sets a precedent for ensuring fairness and adherence to regulatory guidelines in higher education institutions across India, safeguarding the rights of teachers and promoting academic integrity.
Case Title: MEHER FATIMA HUSSAIN VERSUS JAMIA MILIA ISLAMIA & ORS.
