SC orders permanent reinstatement of JMI teachers, cites UGC regulations

The Supreme Court, on Monday, ruled that the regulations set by the University Grants Commission (UGC) must be adhered to by universities, leading to a directive for Jamia Millia Islamia University to reinstate certain faculty members on a permanent basis. These teachers were previously denied permanent positions despite a UGC mandate that supported their regularization after a standard hiring process and meeting the required qualifications. The teachers turned to the Supreme Court following an unfavorable decision from the Delhi High Court. The University argued that the UGC's directive did not obligate them to regularize the appellants, an argument the Supreme Court rejected.

The faculty members in question had sought permanent positions following a UGC communication to Jamia, which affirmed that faculty recruited through a legitimate process and meeting UGC standards should be absorbed into the regular staff roster. Despite this, the University opted to start a new selection process rather than regularize these individuals.

The court's decision was detailed by Justices Abhay S. Oka and Pankaj Mithal. They stated, "In light of the fact that the appellants were hired through a proper selection process and meet the UGC's qualification standards, they should have been integrated into the regular university staff. Instead, the University chose to initiate a new hiring process, which is deemed unjust, arbitrary, and a violation of Article 14 of the Constitution of India. Consequently, the appellants' roles must be maintained following their integration."

In the judgment written by Justice Oka, he referenced the Kalyani Mathivanan case to emphasize the authoritative weight of UGC regulations, noting, "The UGC Regulations, though subordinate, are binding on universities and non-compliance could lead to the UGC withholding funds."

Thus, the court confirmed that the UGC's advisories must be followed by universities. It concluded that the appellants, having been selected through due process and qualified under UGC standards, should have been maintained in their positions.

The court allowed the appeal, ordering the teachers to be reinstated within three months and granting them continuity in service and related benefits. However, it specified that they would not receive pay for the period they did not work.