High Court · 2025

W.P.Nos.2978 of 2024 and 38495 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.12.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.2978 of 2024 and 38495 of 2025 And W.M.P.Nos.3241 & 3242 of 2024 and 43028 of 2025 of 2025 S.Prathap Kumar ... Petitioner in W.P.2978/20241.Dr.Jothibasu2.Dr.C.Kavitha3.Dr.P.Chitra ... Petitioners in W.P.38495/2025 Vs.1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai – 600 009.2.The Director of Collegiate Education, Directorate of Collegiate Education, Saidapet, Chennai – 600 015. 3.The Registrar Thiruvalluvar University, Serkadu, Vellore 632 106.4.N.Meenakshi ... Respondents in W.P.2978/20241/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 20251.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Fort St.George, Chennai – 600 009.2.The Director of Collegiate Education, Directorate of Collegiate Education, Chennai – 600 015. 3.Thiruvalluvar University, Rep. by its Registrar Serkkadu, Vellore, Vellore 632 115. ... Respondents in W.P.38495/2025 Prayer in W.P.No.2978 of 2024:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the third respondent in Official Communication/Estt/Promotion/2023/8831 dated 07.11.2023 and to quash the same in so far as the promotion of fourth respondent in the post of Assistant Registrar is concerned and consequently restore the petitioner into University Service by posting the petitioner in the vacancy to the post of Assistant Registrar in the third respondent University in terms of orders of Government in G.O.Ms.No.183, Higher Education (G1) Department dated 15.09.2022 and the subsequent letter issued by the first respondent in Government Letter No.3856/ G1/2023-2 dated 21.09.2023, with all consequential and other attendant benefits.2/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 2025Prayer in W.P.No.2978 of 2024:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent University to act in accordance with G.O.Ms.No.183 dated 15.09.2022 and consequential Government instructions, by creating a supernumerary post in the cadre of Assistant Registrar or in the alternative create new posts which is equivalent to the post of Bursar and accordingly accommodate the petitioners herein in the said post with all benefits including seniority, arrears of salary and attendant benefits.For Petitioners : Mr.G.Sankaran Senior Counsel for M/s.S.Nedunchezhiyan in W.P.No.2978 of 2024 Mr.P.Dinesh Kumar in W.P.No.38495 of 2025For Respondents : Mr.M.R.Gokulakrishnan for R1 and R2 Additional Government Pleader Ms.I.Abisha Isaac for R3 M/s.Isaac Chamber in both W.Ps. R4 – No Appearance in W.P.No.2978 of 2024 C O M M O N O R D E RW.P.No.2978 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus to call for the records relating to the order issued by the third respondent in Official Communication/Estt/ 3/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 2025Promotion/2023/8831 dated 07.11.2023 and to quash the same in so far as the promotion of fourth respondent in the post of Assistant Registrar is concerned and consequently restore the petitioner into University Service by posting the petitioner in the vacancy to the post of Assistant Registrar in the third respondent University in terms of orders of Government in G.O.Ms.No.183, Higher Education (G1) Department dated 15.09.2022 and the subsequent letter issued by the first respondent in Government Letter No.3856/ G1/2023-2 dated 21.09.2023, with all consequential and other attendant benefits.2.W.P.No.38495 of 2025 has been filed seeking issuance of Writ of Mandamus directing the third respondent University to act in accordance with G.O.Ms.No.183 dated 15.09.2022 and consequential Government instructions, by creating a supernumerary post in the cadre of Assistant Registrar or in the alternative create new posts which is equivalent to the post of Bursar and accordingly accommodate the petitioners in the said post with all benefits including seniority, arrears of salary and attendant benefits.3.The respective learned counsel appearing for the petitioners submitted that the petitioners were originally appointed to 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 2025the post of Bursars in the Colleges of the third respondent University, however, subsequently the first respondent issued G.O.Ms.No.36, Higher Education (G1) Department, dated 28.02.2019 and G.O.Ms.No.184, Higher Education (G1) Department, dated 11.12.2020, by which, the Constituent Colleges were taken over by the Government and converted into Arts and Science Colleges including the Colleges in which the petitioners were working as Bursars. Thereafter, the Government issued G.O.Ms.No.183 dated 15.09.2022, creating various posts both academic and non academic and Clause 6 of the said Government Order made it clear that the Bursars/ petitioners who were appointed by the third respondent University in its Constituent Colleges and were working at the time of taking over by the Government, shall continue to work in the newly created post of Bursar on ‘deemed deputation’ basis until the said post is filled up by the Government either by direct recruitment or by promotion and in the event of the said post being filled up by the Government, the Bursars employed by the University will be sent back to the University. Thereafter the said posts were filled up by the Government and the petitioners were relieved from the post. Thereafter, the petitioner approached the third respondent University seeking to accommodate them either in the post of Bursars or in any 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 2025post equivalent to the post of Bursars, however, the third respondent is refusing to accommodate the petitioners. 4.The respective learned counsel appearing for the petitioners further submitted that this Court may issue direction to the respondents 1 to 3 to take a decision either to re-depute the petitioners to the third respondent in the respective post or absorb them in the respective Colleges.5.The learned Additional Government Pleader appearing for the respondents 1 and 2 as well as the learned counsel appearing for the third respondent submitted that appropriate decision will be taken either to re-depute the petitioners to the third respondent in the respective post or absorb them in the respective Colleges, within a reasonable time.6.In view of the above, this Court directs the respondents 1 to 3 to take appropriate decision with regard to the employment of the petitioners in the respective Colleges either by way of absorption in the Constituent Colleges or re-deputation to the third respondent University, within a period of four weeks from the date of receipt of a 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 2025copy of this order.7.The writ petition is disposed of on the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. 15.12.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai – 600 009.2.The Director of Collegiate Education, Directorate of Collegiate Education, Saidapet, Chennai – 600 015. 3.The Registrar Thiruvalluvar University, Serkadu, Vellore 632 106.4.Thiruvalluvar University, Rep. by its Registrar Serkkadu, Vellore, Vellore 632 115.7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2978 of 2024 and 38495 of 2025M.DHANDAPANI,J. priW.P.Nos.2978 of 2024 and 38495 of 2025AndW.M.P.Nos.3241 & 3242 of 2024 and 43028 of 2025 of 202515.12.20258/8