IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05/01/2011 CORAM: THE HONOURABLE MR.JUSTICE D.MURUGESAN AND THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.Nos.34434 & 34435/2007, 14749 & 14750/2007, 12911 to 12914/2007, 23140/2007, 5921/2008, 25268/2008, 498/2009, 30089/2008, 16504 & 16505/2010 and 17334/2010, The Forum of Minority Institutions and Associations (Registration No.56 of 1992) Old No.157, New No.36, First Floor, Eldams Road, Alwarpet, Chennai – 600 018. Rep. by its Secretary Mr.Kailash Mull Dugar .. Petitioner W.P.No.34434 of 2007. & 34435/07 Dhanraj Baid Jain College (A Union Of The Tamilnadu Education And Medical Trust) Jothinagar, Oggiyam Thorapakkam, Chennai 96, Rep By Its Secretary & Correspondent Mr. Harish L. Metha. ...Petitioner In WP.No.14749, 14750/07 ...6th Respondent In WP. 16504, 16505/10 The New College Run & Rep By The Muslim Educational Assn Of Southern India, No.87 Peters Road, Royapettah, Chennai 14 Rep By Its Honorary Secretary Mr. S. M. Shamsudeen ...Petitioner In WP.No.12911/07 To 12914/07 The Secretary / Correspondent, Loyola College (Autonomous) Sterling Road, Nungambakkam, Chennai 34 ...Petitioner In WP.No.23140/07 https://hcservices.ecourts.gov.in/hcservices/ Association Of Muslim Colleges Of Tamil Nadu, Rep. By Its Secretry, Sri A.M.M. Khaleel, 86, West Club Road, Race Course, Coimbatore - 641 018 ...Petitioner In WP.No.5921/08 A. M. Jain College Rep. By Its Secretary, Meenambakkam, Chennai-114. ...Petitioner In WP.No.25268/08 D.B. Jail College (Instituion Of Tamilnadu Education And Medical Trust) Jyothi Nagar, Thorapakkam, Chennai 97. ...Petitioner In WP.No.498/09 The Secretary Stella Maris College (Autonomous), No.17, Cathedral Road, Chennai 86. ...Petitioner In WP.No.30089/08 S. Basharan ...Petitioner In WP.No.16504/10 V. Jayanthi ...Petitioner In WP.No.16505/10 The Association Of St. Chistophers College Of Eduction, Rep By Its President, Dr.(Rrs) Rita Jacob Cherrian, 63, E. V. K. Sampath Road, Vepery, Chennai-7. ...Petitioner In WP.No.17334/10 Vs. 1. The State of Tamil Nadu, Rep. by the Joint Director of Collegiate Education Chennai – 600 006. 2. The University of Madras, Centenary Building, Chepauk, Chennai-600 005. Rep. by its Registrar https://hcservices.ecourts.gov.in/hcservices/ 3. Thiruvalluvar University, Fort Campus, Vellore – 636 004. Rep. by its Registrar 4. The Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli-627 012. 5. Bharathiar University, Coimbatore – 641 046. 6. The Madurai Kamaraj University, Rep. by its Registrar, Madurai 7. The University Grants Commission, New Delhi – 110 002. Rep. by its Secretary ...Respondents 1 to 7 in W.P.No.34434/07 and respondents in W.P.No.34435/07 nil, 3rd respondent , 4th respondent, 5th respondent , Nol. 7th respondent and 2nd respondent in W.P.5921/08, 5th respondent, 6th respondent , nil, nil, nil, nil, and 2nd respondent in W.P.No. 30089/08 nil, 5th respondent nil,nil,nil,nil, & 1st respondent in W.P.No.17334/10 8. Madurai Kamaraj Manonmaniam Sundaranar University Teachers Association Rep. by its General Secretary S.Vivekanandan No.6, Kakathoppu Street, Madurai 9. Associations of University Teachers, Rep. by its General Secretary Nungambakkam, Chennai-34 10. Dr.(Mrs.)C.Joyce Priyakumarai 11. Mr.E.Iyappan 12. Dr.S.Ravi Shankar 13. Dr.T.Johnson Sampathkumar 14. Dr.(Mrs.)Vijayakumari Joseph 15. Dr.(Mrs.)Ananthi Rachel Livingstone 16. Dr.(Mrs.)E.Caroline Victoria https://hcservices.ecourts.gov.in/hcservices/ 17. Mrs.J.Jeyarathi 18. Mrs.P.Subhasini 19. Mr.M.Rabikumar 20. Mrs.S.Janet Priscilla 21. Mr.P.Selva Singh Richard 22. Mr.R.Daniel 23. Mrs.D.Selvakumari 24. Dr.I.S.Parveen Sultana 25. Ms.Munna 26. Dr.O.Naseema Banu 27. Ms.S.Nazeemunnisa Begum 28. Ms.Mallika Begum 29. Ms.Fathima Nasar 30. Ms.J.Sakina 31. Ms.Sahana Usman 32. Ms.Dhilshath Salahuddin 33. Ms.P.Lalitha 34. Ms.Ummay Rubab.J. 35. Ms.L.Zarnigar Begum 36. Ms.Fathima Azher 37. Ms.Ayesha Saleem 38. Ms.Saira Katheeja 39. Dr.P.E.Akilandeswari 40. Ms.A.Zamara 41. Ms.M.Gulsonbi 42. Ms.Dilaveez Rehana 43. Ms.G.Jeelani Begum 44. Ms.I.Sadhiya Banu 45. Ms.S.Jamal Sayeeda Tabassum 46. Ms.S.M.Nayeemunnisa 47. Ms.Shahira Banu 48. Ms.Beema Jainab 49. Ms.P.Jabeena Begum 50. Ms.G.A.Asif Jamal 51. Ms.R.Hajira Banu 52. Ms.Asifa Ahmed 53. Ms.Fauzia Ahmed 54. Dr.Amtuz Zehra 55. Dr.C.M.Noorjahan 56. Ms.D.Mubeen Sultana 57. Ms.S.M.Asgari 58. Ms.M.Parveen 59. Ms.B.Dishad Begum 60. Ms.Kavitha Dhanraj 61. Ms.Mahjabeen 62. Ms.Tasneem Kauser 63. Ms.Shabiya Thaseen 64. Ms.A.Sajitha Qadir https://hcservices.ecourts.gov.in/hcservices/ 65. Ms.R.M.Sobana 66. Ms.P.Mohamed Nisha 67. Ms.Rayees Unisa 68. Dr.Sujitha.S. 69. Dr.Susan Paul 70. Dr.Mary N.L. 71. Ms.Mary Abraham 72. Dr.Durgalakshmi Gopalan 73. Ms.Mary Shantha Joseph 74. Dr.Swapna Malarmeni Sathish 75. Ms.K.Latha 76. Dr.V.Padma 77. Ms.S.Teresa Arockiamary Santiago 78. Ms.A.Josephine Lissie 79. Ms.Dhanalakshmi.V 80. Ms.S.Nalini 81. Sr.Francisco Nirmala.G. 82. Ms.Antony Rose Immaculate.C. 83. Dr.Rita.C 84. Dr.Miriam Cecilia Suares 85. Dr.Xavier Nirmala 86. Ms.Nazneen Marshall 87. Sr.M.Lourthu Mary 88. Dr.Jude Annie Cynthia.V 89. Mrs.A.Anuradha 90. Dr.(Mrs.)Thomas Mary Pearl 91. Ms.D.Jasmine Jenifer Arulmani 92. Dr.Sheba Sangeetha Jeyaraj 93. Dr.(Mrs.)Vanitha Ebenezer 94. Ms.Amala Russell 95. Ms.J.Shajini Judith Diana 96. Ms.Sherrie Jesulyn David 97. G.Libni 98. Ms.W.Lily Margaret Priya 99. Ms.Esther Sweetlyn 100. Ms.Mallika Rachel Jayakumar 101. Ms.Anna Thomas 102. Ms.A.Christina Nancy 103. Ms.A.Zarina 104. Dr.J.Merline Shyla 105. Ms.D.Christina Sagaya Mary 106. Dr.M.C.John Milton 107. Mr.A.Xavier Mahimairaj 108. Mr.J.Maria Roy Felix 109. Ms.D.Florence Isido 110. Mr.M.Arockiaraj 111. Dr.D.Antony Xavier 112. Dr.D.David Stanley https://hcservices.ecourts.gov.in/hcservices/ 113. Mr.A.Sebastiraj 114. Ms.P.Mary Vidya Porselvi 115. Dr.A.John Maria Xavier 116. Mr.A.Justin Adaikala Baskar 117. Dr.J.Judith Vijaya 118. Dr.J.Joel Gnanadoss 119. Mr.L.Solomon Raj 120. Mr.P.Antony Kishore 121. Dr.K.Thresia Mathews 122. Mr.L.Joseph Arockiasamy 123. Dr.A.Marcus 124. Dr.G.Jeyajothi 125. Ms.D.Mary Swornambal 126. Mr.Elango J.Parimalam 127. Fr.M.Albert William, SJ 128. Mr.I.Antony Joseph Jeyadoss 129. Fr.A.Louis Arockiaraj, SJ 130. Fr.P.Susai, SJ 131. Mr.A.Hyder Ali 132. Mr.A.Mohamed Hussain 133. Mr.M.Nizam Mohideen 134. Dr.R.Kumar 135. Dr.Syed Abdul Hameed 136. Mr.Shaik Mohammed Ismail 137. Mr.H.Abdul Hadi 138. Mr.A.Shahul Hameed 139. Mr.T.Abdul Rahman 140. Mr.A.Fareed Aslam 141. Mr.Syed Kamalullah Bakhtiary 142. Dr.K.M.A.Ahmed Zubair 143. Mr.S.Murali 144. Mr.S.Syed Abudahir 145. Dr.M.Abdul Jamal 146. Mr.M.Fakir Ismail 147. Mr.A.Rasheed Khan 148. Mr.A.Syed Mohammed Mujaheer 149. Dr.S.Tameem Sharief 150. Mr.Aboothahir Afzal 151. Dr.K.Syed Suresh Babu 152. Mr.K.Abdul Nazeer 153. Mr.A.Sherif 154. Mr.Syed Ahamudul Rafeek 155. Mr.S.Abdul Rasheed 156. Mr.A.K.Sultan Mohideen 157. Mr.Y.Abdul Nazar .. Respondents 8 to 157 in W.P.No.34434 of 2007. (R8 to 157 impleaded as per order dated 30.09.2010 in M.P.1/2008, M.P.1/2009 and M.Ps.1 to 6/2010 in W.P.No.34434 of 2007) https://hcservices.ecourts.gov.in/hcservices/ The State Of Tamilnadu Rep By The Director Of Collegiate Education, Chennai 6. The University Grants Commission, Bahadursha Zarar Marg, New Delhi Rep By Its Secretary. ...Respondents In WP.No.14749 & 14750/07 & 12911/07, 12912/07, 12913/07, 12914/07 3 The University Of Madras Centenary Building, Chepauk, Chennai 5 Rep By Its Registrar. ...4th Respondent, 2nd Respondent & 6th Respondent In WP.No.23140/07, 4th Respondent, 2nd Respondent 6th Respondent In WP.No.30089/08 6th Respondent, 1st Respondent And 5th Respondent In WP.17334/10 The Union Of India Rep. By Its Secretary, Ministry Of Human Resources & Development, North Block Delhi ...1st Respondent In WP.23140/07, 30089/08 The State Of Tamilnadu Rep. By Its Secretary, Dept. Of Higher Education, Fort St George, Chennai 9 ...3rd Respondent In WP.No.23140/07, 30089/08 & 17334/10 1st Respondent In WP.No.5921/08 The Joint Director Of Collegiate Education College Region, Chennai 2 ...5th Respondent In WP.No.23140/07 https://hcservices.ecourts.gov.in/hcservices/ The Madurai Kamaraj University Rep. By Its Registrar, Palakalai Nagar, Madurai. ...7th Respondent In WP.No.5921/08 1 University Of Madras Rep. By Its Registrar, Chennai-5. 2 Univesity Grants Commission Rep. By Its Secretary, Bahadur Shah Zafar Marg, New Delhi – 2. ...Respondents In WP.No.25268/008, 498/09 1 The State Of Tamil Nadu, Rep. By Its Secretary, (Higher Education), Chennai-9. 2 Director Of Collegiate Education, Chennai-6. 3 Regional Joint Director Of Collegiate Education, OSD, Chennai Region, Saidapet, Chennai-15. 4 University Of Madras, Rep. By Its Registrar, Chepauk, Chennai-5. 5 The University Grants Commission, Rep. By Its Secretary, Bahadurshar Zafar Marg, New Delhi-110 002. ...Respondents 1 To 5 In WP.Nos.16504/10 & 16505/10 1 The Regional Director, Souther Regional Committee(NCTE), HMT Ltd, 1st Floor, CSD Building, Jalahalli, Bangalore-560 031. ...2nd Respondent In WP.17334/10 Writ petition in W.P.No.34434 of 2007, 34435, 14750, 12913 of 2007, 5921/08, 17334/10 is filed under Article 226 of Constitution of India for the issuance of a Wit of Declaration declaring Clause https://hcservices.ecourts.gov.in/hcservices/ 3 of the Annexure to the UGC Regulations 2000 regarding minimum qualification for appointment and career advancement of teachers in universities and colleges are violative of the fundamental rights quaranteed under Article 30(1) of the Constitution of India and inapplicable to the members of the petitioner society and in applicable to St. Christopher college of Education which is minority education institution consequently directing the respondents to accord approval of the qualification of Dr.(Mrs) Rachel Jebaraj for the appointment as Principal of the said College w.e.f. 1.6.2009 (in W.P.No.17334/10) I (b) declaring para 3 of the University grants commission (minimum qualifications required for the appointment and career advancement of Teachers in Universities and institutes affiliated to it) Regulations 2000 as not applicable in so far as the petitioner college is concerned and further direct the 6th respondent University to give the qualification approval to the eight lectures appointed by the petitioner with effect from the date of their respective appointments (18.9.06 and 19.9.06) and whose names given in the Annexure (in WP 23140/2007) II Mandamus, (a)directing he second to sixth Respondents to approve the qualifications of the teaching staff selected by the members of the petitioner society without reference to clause 3 of the Annexure to the UGC Regulations 2000 regarding minimum qualification for Appointment and career advancement of Teachers in universities and colleges (WP 34435/2007) b) directing the 1st respondent to approve the Appointment of Mr.V.Balu as Principal of the petitioner College (in WP 498/2009) (c)directing the respondents not to discriminate against the petitioner and to comply with the orders of the Division Bench of this Hon'ble Court dated 27.10.2010 made in W.P.No.34434 34445 of 2007 batch and admit the petitioner to the time scale of pay and grant pay & allowances to the petitioner on par with the other 200 Lecturers involved in the above said batch of writ petitions to which the approval of the University of Madras entitle them (in WP 16504/2010 and 16505/2010) III Certiorarified Mandamus (1)Calling for the records of the third respondent ending with its order No.A.II/2006/GR/2462 dt 16.11.2006 and quash the same and direct the third respondent to approve the qualifications of the two lecturers namely Ms.V.Jayanthi and Thiru S.Baskaran (in WP https://hcservices.ecourts.gov.in/hcservices/ 14749/2007) (2) Calling for the records of the 3rd respondent ending with its order No.A.II/NI/Lect. Appt/2006/2469 dt 16.11.2006 and quash the same and direct the 3rd respondent to approve the qualifications of the five lecturers namely 1. A.Mohammed Hussain Physics 2. M.Nizam Mohideen Physics 3. R.Kumar Physics 4. Syed Abdul Hameed corporate secretaryship 5. A.Hyder Ali Zoology. (in WP 12911/2007) (3)Calling for the records of the 3rd respondent ending with its order No.(a) A.II/NI/Lect. Appt/2006/2529 dt 4.12.2006 and quash the same and direct the 3rd respondent to approve the qualifications of Thiru.S.Syed Nizar M.Sc. M.Phil as Lecturer in Chemistry (in WP 12912/2007) (b)No.A.II/NI/Lect.Appt/2007/257 dt 13.3.2007 and quash the same and direct the 3rd respondent to approve the qualifications of the two lecturers namely S.Syed Ahamudul Rafeek and N.Afsar (in WP no.12914/2007) (4)calling for the records relating to the impugned communication dated 31.7.2008 of the First Respondent bearing Letter No. A II/G.R./Principal/APPROVAL/2008/3872 and quash the same and issue direction to the First Respondent to grant qualification approval for Dr.G.K. FRANCIS to the post of Principal of the petitioner College (in WP 25268/2008) 5) calling for the records relating to impugned proceedings issued by the 6h respondent University of Madras in Letter No.A II/G.R/ Principal/Approval/2008 / 3236 dt 5.4.2008 quash the same and further direct the respondents 5 and 6 to give approval forthwith to the appointment of Rev. Dr. Sister. Jasintha Quadras as the Principal of the petitioner college namely the Stella Maris College, Chennai w.e.f. the date of appointment viz.1.5.2008 with all attendant benefits (in WP No.30089/2008) https://hcservices.ecourts.gov.in/hcservices/ For Petitioners:Mr.N.R.Chandran, SC (in W.P.No.5921/'08) For Mr.R.Natarajan M/s.Isaac Mohanlal Mr.P.Godson Swaminath (in W.P.Nos.23140/'07 & 30089/'08) Mr.A.L.Somayaji, SC For Mr.K.Ilias Ali (in W.P.Nos.34434, 34435, 14749, 14750 & 12911 to 12914 of 2007) Mr.P.V.S.Giridhar(in W.P.No.498/'09) For Sai Associates Mr.K.Shakespeare(in W.P.No.25268/'08) Mr.Fr.A.Xavier Arulraj (in W.P.No.17334/2010) Mr.Balan Haridas (in W.P.No.16504/2010 & 16505/10) For Respondents : Mr.P.Wilson, Addl. Advocate General and Mr.G.Sankaran, Spl.Govt.Pleader for state in all W.Ps. Mr.R.Krishnamoorthy, SC for Mr.P.R.Gopinathan for UGC in all W.Ps Mr.B.Ramamoorthy for R2 (in all the W.Ps.) (University) Mr.V.Govardhan for R4 For M/s.Row & Reddy (Manonmaniam Sundaranar University) M/s.N.Kavitha for R5 (Bharathiar University) Mr.John Zackaria for R6 for M/s.T.S.Gopalan & Co (Madurai Kamaraj University) https://hcservices.ecourts.gov.in/hcservices/ Mr.R.Subramanian for R8 in W.P.No.34454/07) Mr.Ajay Ghose for R9 W.P.No.34434/07 Mr.R.Thiagarajan, SC Mr.G.S.Thambi for R10 to R157 For Mr.T.Cibi Chakraborthy IN W.P.34434/07 J U D G M E N T VINOD K.SHARMA,J. This judgement shall dispose of the following writ petitions, viz., Sl. No. Case No. Name of the Petitioner 1 W.P.No.34434 of 2007 The Forum of Minority Institution & Association 2 W.P.No.34435 of 2007 The Forum of Minority Institutions and Association 3 W.P.No.14749 of 2007 Dhanraj Baid College 4 W.P.No.14750 of 2007 Dhanraj Baid College 5 W.P.No.12911 of 2007 The Muslim Educational Association of Southern India 6 W.P.No.12912 of 2007 The Muslim Educational Association of Southern India 7 W.P.No.12913 of 2007 The Muslim Educational Association of Southern India 8 W.P.No.12914 of 2007 The Muslim Educational Association of Southern India 9 W.P.No.23140 of 2007 The Secretary/Correspondent, Loyola College 10 W.P.No.25268 of 2008 A.M.Jain College 11 W.P.No.5921 of 2008 Association of Muslim Colleges of Tamil Nadu 12 W.P.No.30089 of 2008 The Secretary of Stella Maris College 13 W.P.No.498 of 2009 D.B.Jain College https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Case No. Name of the Petitioner 14 W.P.No.17334 of 2010 The Association of St.Christopher's College of Education 15 W.P.No.16504 of 2010 S.Baskaran 16 W.P.No.16505 of 2010 V.Jayanthi as common question of law is raised in all these writ petitions. However, for the sake of brevity, the facts are being taken from W.P.No.34434 of 2007. 2. The Forum of Minority Institutions and Associations / petitioner has invoked writ jurisdiction of this Court with prayer for issuance of Writ of Declaration declaring Clause 3 of the Annexure to the UGC Regulations 2000 regarding minimum qualification for appointment and career advancement of teachers in universities and colleges to be violative of the fundamental rights quaranteed under Article 30(1) of the Constitution of India, therefore inapplicable to the members of the petitioner society. 3. The facts pleaded in the affidavit by the petitioner is that it is a society registered under the Tamil Nadu Societies Registration Act, 1975. That members of the petitioner society consist of religious as well as linguistic minority institutions. According to Rule 3 of the Rules, membership is open to managements of all colleges and schools established and maintained by religious and or linguistic minorities and associations controlling or connected with such institutions. The Rule further provides that other societies and associations working for advancement of education of religious and linguistic minorities are also eligible to be members of the petitioner society. The object of the petitioner society reads as follows: "a) To provide a forum for the various religious and linguistic minority institutions and associations to meet periodically to discuss common problems and solve them. b) To co-ordinate the efforts of the various institutions and associations to achieve their common aim of eradication of illiteracy and advancement of education at all levels and promotion of the cultural activities. https://hcservices.ecourts.gov.in/hcservices/ c) To make representation to all educational authorities both at the Central and State level and also to the University Grants Commission and such other Authorities or Boards which are connected with education. It shall also co-ordinate its efforts with other institutions interested in education in respect of all its problems, arising from time to time and to act as a liason body between the Member Institutions and the aforesaid mentioned authorities. d) To protect the rights of the religious and linguistic minorities guaranteed under Article 29 and 30 of the Constitution of India and to take such steps as are necessary in Courts and before the Government, University etc. to protect these rights. e) To periodically review the progress of education of the linguistic and religious minorities in the field of technical and professional education at all levels and to take necessary steps for speedy advancement. f) To publish magazine or any periodical or publication to project the views of the Forum and its members and to highlight problems facing education in general and the members of the Forum in particular. g) To do all such other lawful acts or things as are necessary and in accordance and conducive to the attainment of the above objects or any of them. h) To frame rules and bye-laws to enable the efficient working of the Forum and the achievement of the above objects." The list of members of the petitioner is also attached with the affidavit. It is the case of the petitioner that member institutions of the petitioner have various posts of Principals, Lecturers etc. which are vacant. 4. It is the case of the petitioner that filling up of posts in the member institutions has been sanctioned by the State of Tamil Nadu and in pursuance thereof, member institutions have commenced the process of filling up the vacancies. It is the case of the petitioner that in some cases, vacancies have been filled by the respective institutions and approval of qualifications has been sought for from respective universities. Some of the universities have passed orders rejecting approval of qualifications of appointees on the ground that the selection committee was not constituted in accordance with the UGC Regulations 2000, whereas some of the universities have failed to https://hcservices.ecourts.gov.in/hcservices/ approve recommendations. The member institutions of petitioner, who were permitted to fill up sanctioned posts had been shown as under: "a) The Women's Christian College, College Road, Nungambakkam, Chennai – 600 006, was sanctioned 16 posts by the first respondent. b) The Loyola College, Nungambakkam, Chennai – 34 was sanctioned 28 posts by the first respondent. c) The Auxillium College, Gandhi Nagar, Vellore – 632 006 was sanctioned 46 posts by the first respondent. d) The Providence College for Women, Coonoor – 643 104, Nilgiris, was sanctioned 8 posts by the first respondent. e) The St.Christopher's College of Education, No.63, EVK Sampath Road, Vepery, Chennai was sanctioned 2 posts by the first respondent. f) In the Nirmala College for Women, Red Fields, Coimbatore-18, there were 9 vacant posts of which the first respondent had sanctioned filling up of eight posts. g) In the Sacred Heart College, Tirupathur, Vellore District, thee were 12 vacant posts of which the first respondent has sanctioned filling up 10 posts. h) In the Jamal Mohamed College, No.7, Race Course Road, Khaja Nagar, Trichy-620 020, the first respondent has sanctioned 22 posts. i) The Quaid-e-Milleth College for Men, Tambaram- Velacherry Road, Medavakkam, Chennai-601 302 affiliated to the second respondent has one post sanctioned by the first respondent. j) The St.Jude's College, Thoothoor – 629 176, Kanyakumari District, affiliated to the fourth respondent university was sanctioned 3 posts by the first respondent. k) The St.Xavier's College, Palayamkottai-627 002 is sanctioned 19 posts by the first respondent. l) The Mazharul Uloom College, Ambur-635 802 is affiliated to the third respondent. The first respondent https://hcservices.ecourts.gov.in/hcservices/ has sanctioned filling up of six posts in the college. m) The Guru Nanak College, Velachery Road, Velachery, Chennai-600 042, is affiliated to the second respondent university. The first respondent has sanctioned filling up of 9 posts in the college. n) The American College, Tallakulam, Madurai-625 002 is affiliated to the sixth respondent University. The first respondent has sanctioned filling of the vacancies of the post of lecturer in the college. o) In the Asan Memorial College of Arts and Science, Jaladampet, Chennai – 601 302, the first respondent had sanctioned filling up of two posts." The details with regard to non-approval of qualification by Madras University and consequence non-approval by the State Government to the appointment are as under: "a) The second respondent University has refused to approve the qualifications of the two selected candidates. The College by its letter dated 07.02.2007 has pointed out to the second respondent University that it was a minority institution and the UGC Regulations, 2000 are violative of its fundamental right to administer its institution and requested that the qualifications of the two lecturers may be approved. However, the second respondent has not responded to the college and the qualifications of the two appointees remain unapproved. The result of the refusal of the second respondent to approve the qualifications is that the appointments are not approved by the first respondent. b) In the C.Abdul Hakeem College, Hakeem Nagar, Melvishvaram – 632 509, Vellore District, the first respondent had sanctioned filling up of 9 posts out of 14 vacancies. The said college has sent proposals for approval of qualifications of the new appointees. However, the third respondent has not passed orders approving the qualifications. c) The Islamia College, New Town, Vaniyambadi-635 752, affiliated to the third respondent, is sanctioned 16 posts by the first respondent and the qualifications of the new appointees were forwarded to the third respondent for approval of their qualifications. However, the third respondent by its letter dated 30.08.2007 has insisted that the College follow the UGC Regulations 2000 and informed that grant of approval for qualifications would not be considered by the University https://hcservices.ecourts.gov.in/hcservices/ if the prescribed selection procedures are not followed. d) The New College was sanctioned 8 teaching posts in 2006 and 23 teaching posts in 2007 by the first respondent. As regards 6 teaching posts filled up by the New College, the affiliating University, the second respondent herein, refused to approve the qualifications of the candidates selected by the college on the ground that the Selection Committees were not constituted as per the UGC Regulations 2000. The qualification of some of the candidates appointed by The New College were already approved by the second respondent when they were appointed under the management posts. I submit that the New College approached this Hon'ble Court by way of W.P.Nos.12911 to 12914 of 2007 and the same is pending. e) The AM Jain College, No.25, Pulliyur Second Main Road, Trustpuram, Kodambakkam, Chennai-600 024 and sought for approval of the qualifications of 10 lecturers in various departments. However, the second respondent University by its letter dated 19.01.2007 refused to consider the approval qualifications of the said lecturers, since the lecturers were not selected through a proper Selection Committee as envisaged in the UGC Regulations 2000. f) In the DB Jain College, the first respondent has sanctioned 11 posts. However, the second respondent University has passed orders refusing to approve qualifications of the appointees on the ground of non- compliance with the UGC Regulations 2000. I submit that the said institution had approached this Hon'ble Court in W.P.No.14749 and 14750 of 2007 and the same is pending. g) In the Voorhees College, Officers Line, Vellore-632 001, the first respondent has sanctioned filling up of eighteen posts. h) In the Stella Maris College, the first respondent sanctioned filling up of 21 posts of which the college has filled up eight posts and has applied to the second respondent University for approval of the qualifications of the appointees. However, the second respondent has by its letter dated 06.06.2007 refused to consider the approval of the qualifications of the appointees on the ground that the lecturers were not selected through a proper selection committee as envisaged in the UGC https://hcservices.ecourts.gov.in/hcservices/ Regulations, 2000. i) The Dharmamurthy Rao Bahadur Calavala Cunnan Chetty's Hindu College, a linguistic minority institution, was sanctioned 17 posts by the first respondent. The said posts include the post of Principal. The approval of qualifications of the Principal is pending with the second respondent since 29.01.2007. j) The Madras Christian College, Tambaram, Chennai-69 was sanctioned 34 posts by the first respondent. The request for approval for qualification of the appointed candidates were forwarded to the second respondent University in August 2006. I submit that thereafter the second respondent University has refused to approve the qualifications of the lecturers on the ground that the Selection Committee was not constituted in accordance with the UGC Regulations 2000. The Principal and Secretary of the Madras Christian College by his letter dated 19.04.2007 while point out that the lecturers possessed the necessary qualifications as prescribed by the UGC brought to the notice of the second respondent that the UGC Regulations 2000, were only recommended by the UGC and also that minority institutions have the right to appoint lecturers of their own choice." 5. The case of the petitioner is that on account of non- approval by following Para 3 of annexure to UGC Regulations 2000 regarding minimum qualifications amounts to infringement of fundamental rights of the petitioner guaranteed under Article 30 (1) of the Constitution of India. It