Introduction:

In the case of Meher Fatima Hussain versus Jamia Milia Islamia & Ors., the Supreme Court intervened to address the denial of regularization to teachers at Jamia Milia Islamia despite directives from the University Grants Commission (UGC). The dispute arose when the University opted for a fresh selection process instead of regularizing teachers selected through proper channels as per UGC regulations.

Arguments of Both Sides:

The appellants, teachers at Jamia Milia Islamia, sought permanent appointment based on UGC’s letter to the University, allowing for the merging of selected teachers into the regular establishment. However, the University opted for a fresh selection process, leading the appellants to approach the Supreme Court. The University contended that the UGC letter was not binding, arguing against the regularization of the appellants.

Court’s Judgement:

The Supreme Court, led by Justice Abhay S. Oka, emphasized the binding nature of UGC regulations on universities, citing the case law of Kalyani Mathivanan v. K.V. Jeyaraj. It deemed the University’s action unjust and arbitrary, directing the reinstatement of the appellants on a permanent basis within three months. While the appellants were entitled to continuity in service and other benefits, they were not granted pay and allowances for the period they had not worked.