High Court · 2025

W.P.No.1821 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.08.2025CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No.1821 of 2025andWMP.No.2070 of 2025K.Sivakumar ... Petitioner Vs.1.The Registrar Madras University,Chepauk, Chennai - 5.2.The Vice ChancellorConvenor Committee,Madras University,Chepauk, Chennai - 5....RespondentsPrayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the respondents to consider and promote the petitioner as Assistant Registrar in the panel prepared on 23.12.2021 on par with his colleagues and juniors and grant all attendant benefits including pay fixation, arrears together with seniority in the light of the orders passed this Honble Court in W.A.No.997 of 2018 and batch 08.03.2024 (para 72 (iv)and orders passed by this Hon'ble Court in WP.No.31425 of 2024 dated 25.10.2024 and consequently grant 1/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025promotion as Deputy Registrar in the panel for 2025-2026.For Petitioner:M/s.V.VijayashankarFor Respondents:M/s.D.Ravichandran, Standing Counsel for R.1 and R.2.O R D E RThe writ petitioner is filed for the following reliefs:-"Directing the respondents to consider and promote the petitioner as Assistant Registrar in the panel prepared on 23.12.2021 on par with his colleagues and juniors and grant all attendant benefits including pay fixation, arrears together with seniority in the light of the orders passed this Honble Court in W.A.No.997 of 2018 and batch 08.03.2024 (para 72 (iv)and orders passed by this Honble Court in WP.No. 31425 of 2024 dated 25.10.2024 and consequently grant promotion as Deputy Registrar in the panel for 2025-2026."2. It is the contention of the petitioner that he had joined the 2/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025services of the respondent university initially as a Peon / Attender in the 1985. In the year 1993 he was promoted as a Junior Assistant which post was later re-designated as Assistant in the year 1996. In the year 1999, he was further promoted to Assistant Section Officer. After putting in 10 years of service in the said cadre, he was granted selection grade in the year 2009. Meanwhile the petitioner has also completed his undergraduate degree through open university after qualifying for an entrance examination conducted by the respondent university. 3. The petitioner would submit that he and similarly placed persons were in the pipeline for promotion to the post of Section Officer. This was kept on hold by the respondent university on the grounds that as per G.O.Ms.No.107 (P & AR) Department of the Government of Tamil Nadu dated 18.08.2009, degrees obtained under Open Universities were not recognized. This was challenged by petitioners and 25 others in WP.NO.3257 of 2012. During the pendency of this Writ Petition, the university issued orders on 21.11.2014 informing the petitioners and others that as they were 3/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025appointed prior to the introduction of G.O.Ms.No.107 (P & AR) Department of the Government of Tamil Nadu dated 18.08.2009 and were already working as Assistant Section Officers, no additional qualifications were required and that they had decided to grant promotion to them as Section Officers. Therefore, the writ petition was withdrawn by the petitioners and the same was recorded by this Court in its order dated 10.12.2014. 4. The petitioner would submit that when their turn came for further promotion as Assistant Registrar in March 2018, the very same objection was raised by the respondent university stating that the degree obtained from an Open University cannot be considered. Once again, the petitioners and others had filed W.P.No.14477 of 2019 and an interim order of Stay was granted by this Court on 22.03.2019. 5. The petitioner, in view of there being a doubt with reference to degrees obtained through the open university completed his BA degree Course in the regular stream i.e. 10+2+3 in the year 2019. Thereafter, he had also obtained his post graduate degree in MA in 4/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025December 2021. Therefore, he had become eligible for promotion to the post of Assistant Registrar in the year 2019 irrespective of the Degree obtained by him through the open University. On 23.12.2021, the respondent university had issued orders giving promotion to 28 juniors of the petitioner as Assistant Registrar for the panel of the year 2021-2022 This panel has been prepared in contravention of the stay orders obtained in W.P.No.14477 of 2019. This appointment of the 28 persons was challenged in WP.No.57 of 2022. Once again, an order of stay was obtained. However, overlooking the same, the university had gone ahead to appoint 26 juniors. Once again, on 23.08.2022, the respondent university had prepared a fresh panel of 8 names for promotion as Assistant Registrar for the panel year 2022-2023. The petitioner and one Mr.M.Vijay Kumar had challenged the same by filing W.P.No.23278/2022 questioning the resolution dated 23.08.2022 and had also cited the pendency of the earlier writ petition and the fact that both the petitioners had completed their degree in May 2019 and were therefore eligible for promotion. 6. The petitioner would submit that WP.No.14477/2019 was 5/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025taken up along with WA.No.997/2018 and batch by the Division Bench. By judgement dated 08.03.2024 the division Bench had declined to accept the argument that degrees obtained from open universities were valid. The bench held that it was open to the employer, namely, the university to prescribe necessary qualifications and held that the university’s prescription of pass in regular degree course is valid. In the very same writ petition, the Bench had held that the writ petition filed by one Mr.E.Umapathy who had passed the regular degree should be considered for promotion prospectively from the date on which he acquired his qualification. However, the writ petition filed by the petitioner and the said Vijay Kumar in WP.No.23278/2022 was not tagged along with the batch of cases. 7. Thereafter, on 26.07.2024, when WP.No.23278 of 2022 came up for hearing, taking note of the above order passed by the division bench, this Court had held that the petitioners were at liberty to make representations pointing out that they had acquired necessary qualifications through the regular degree and directed the university to consider the same. Thereafter, in compliance with the above 6/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025directions, the petitioner had submitted several representations on 03.09.2019, 22.08.2022, 21.09.2022, 19.03.2024 & 08.08.2024 informing the university that he had acquired the necessary qualifications in May 2018 and Post Graduate Degree in December 2021. However, without passing any orders on the representations, the respondent university had published another panel of 27 names by a proceeding dated 31.07.2024 in which the petitioner's name stands excluded. Therefore, the petitioner is before this Court.8. Heard the counsel on either side. 9. Mr.V.Vijaya Shankar, learned counsel appearing on behalf of the petitioner would submit that in the minutes of the meeting dated 13.03.2025, Item No.4 of the agenda was to consider the request of the petitioner as well as Mr.N.Vijayakumar for promotion to Assistant Registrar. It was resolved that the names of Vijayakumar and Shivakumar will be considered for the post of Assistant Registrar with effect from December 2021 and seniority was also to be considered with effect from December 2021. Mr.Vijayakumar, in the meanwhile 7/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025had filed a Contempt Petition in Cont. P.No.679 of 2025 in W.P.31425/2025 and therefore, Mr.Vijay Kumar was promoted as Assistant Registrar. However, the petitioner's name has not been considered. The above fact is admitted by the learned counsel for the respondents. 10. The petitioner is seeking promotion as he has qualified by obtaining a regular degree as early as in the year 2019 and stands in the same footing as Mr.Vijayakumar. Further, the agenda for the minutes dated 13.03.2025 was as follows:- "To consider the request of Thiru. M. Vijayakumar, Section Officer and Thiru. K. Sivakumar, Section Officer for promotion from Section Officer to Assistant Registrar. Since they have qualified under regular pattern i.e., 10+2+3 with PG Qualification."and the following resolution has been passed:-"Resolved to recommend that Thiru. M. Vijayakumar and Thiru. K. Sivakumar be considered for 8/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025post of AR w.e.f December 2021 and the seniority may also be considered only w.e.f December 2021."11. In the light of the above resolution passed and the fact that Mr.Vijayakumar has been promoted, who is a similarly placed person, the Writ Petition is allowed. The respondents are directed to promote the petitioner as an Assistant Registrar in the panel prepared on 23.12.2021 on or before 15.09.2025.12. Post the matter for reporting compliance on 16.09.2025. No costs. Consequently, the connected Miscellaneous Petition is closed.28.08.2025(shr)Index: Yes/NoSpeaking Order: Yes/NoNeutral Citation : Yes/NoTo9/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 20251.The Registrar Madras University,Chepauk, Chennai - 5.2.The Vice ChancellorConvenor Committee,Madras University,Chepauk, Chennai - 5.P.T. ASHA . J., 10/11 https://www.mhc.tn.gov.in/judis W.P.No.1821 of 2025(shr)W.P.No.1821 of 2025andWMP.No.2070 of 202528.08.202511/11