✦ High Court of India · 21 Aug 2025

High Court · 2025

Case Details High Court of India · 21 Aug 2025

Court

High Court of India

Decided

21 Aug 2025

Bench

C.KUMARAPPAN

Length

1,486 words

Acts & Sections

Constitution of India

WP No. 9160 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21-08-2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP No. 9160 of 2024ANDWMP NO. 10192 OF 20241. Dr.S.Subramanian,Professor(retired), Department Of Biochemistry, University Of Madras, Guindy Campus,Chennai -25, Residing At, Thamirabharani, 33/1, Third Street, Rengarajapuram, Saidapet, Chennai -600 015.Petitioner(s)Vs1. The University Grants Commission,Rep. By Its Secretary, Bahadurshan Zafar Marg, New Delhi -110 002.2.The Registrar,University Of Madras, Chepauk, Chennai -600 005.3.The Professor And Head,Department Of Biochemistry, University Of Madras, Guindy Campus, Chennai -600 025.4.The Principal Secretary AndMember-syndicate, University Of Madras, Higher Education Department, Secretariat, Fort St.George, Chennai -600 009.Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024PRAYERWrit petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the First Respondent to take appropriate steps by acting on the Petitioner's Joining Report dated 12.08.2020 forwarded by the third respondent University and Create Necessary link in the web portal of the first respondent for uploading by the petitioner all necessary documents in connection with the UGC-BSR faculty Scholarship and to permit the petitioner to pursue the said UGC-BSR Faculty fellowship for a term of 3 years commencing from now, within the time as may be fixed by this Honble Court.For Petitioner(s):Mr.Rahul BalajiFor Respondent(s): Ms.V.Sudha, SC For R1 Mr.D.Ravichandran for R2Mr.K.Tippu Sultan,GA for R4R3-No Appearance*****ORDERThe instant writ petition has been filed to direct the First Respondent to take appropriate steps by acting on the Petitioner's Joining Report dated 12.08.2020 forwarded by the third respondent University and Create Necessary link in the web portal of the first respondent for uploading by the petitioner all necessary documents in connection with the UGC-BSR faculty Scholarship and to permit the petitioner to pursue the said UGC-BSR Faculty fellowship for a term of 3 years commencing from now, within the time as may be fixed by this Honble Court. https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024 https://www.mhc.tn.gov.in/judis WP No. 9160 of 20242. Heard Mr.Rahul Balaji, learned counsel for the petitioner, Ms.V.Sudha, learned Standing Counsel for the first respondent and Mr.K.Tippu Sultan, Government Advocate for the 2nd respondent.3. The learned counsel for the petitioner would submit that he was a Professor in the Department of Biochemistry in the first respondent University and retired from Service on 30.06.2020. The learned counsel would further submit that on 04.03.2019, he has applied for UGC BSR faculty fellowship. Based on his application, the first respondent awarded the fellowship vide letter dated 07.11.2019. The learned counsel would further submit that since the 2nd respondent University did not forward the joining report, he was constrained to file a writ petition in WP.No.27375 of 2021 and based on the order of this Court on 30.06.2021, the 2nd respondent university has forwarded the joining report to the first respondent. It is the specific submission of the petitioner that he has submitted all mandatory documents. However, the first respondent has not permitted the petitioner to commence UCG BSR faculty fellowship. Hence, prayed to allow the instant writ petition.4. Per contra, the said contention was stoutly objected by the first respondent and would contend that the award letter dated 07.11.2019 is with certain specific conditions and that unless such conditions are https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024fulfilled, the question of permitting the petitioner to commence the UCG BSR Faculty fellowship does not arise. The learned counsel would further submit that the superannuation date of the petitioner is on 25.06.2020. According to the award letter, the last date for joining the award is the date of superannuation. But, in the case in hand, only during 2021 in the month of June, the joining report has been forwarded, whereas the first respondent has no budgetary allegation to continue UGC-BSR faculty fellowship in 2021 and that the University has sent letter dated 27.02.2023 to cancel the fellowship of the superannuation as he creates the unpleasant environment in the University. It is the further submission of the first respondent that the respondent University has raised apprehension against the petitioner as he will not use the research fund for research activity. It is also contended that there were no selection after September, 2021 for UGC-BSR Faculty and that there are no provisions in the guidelines for delayed joining. Hence, prayed to dismiss the writ petition.5. The learned Government Advocate appearing for the 2nd respondent would submit that though the University has got objection regarding UGC-BSR Faculty fellowship award letter, now that the joining report dated 12.08.2020 has been forwarded to the first respondent and it is for the first respondent to take a decision and they have nothing to https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024do with the issue. Hence, though prayed to dismiss the writ petition, the learned Government Advocate would fairly submit that it is for the first respondent to take a call on it.6. I have given my anxious consideration to either side submissions.7. While looking at the prayer, it is in the nature of Mandamus, directing the first respondent to accept the petitioner's joining report dated 12.08.2020. It is an admitted fact that based upon the petitioner's application, he was awarded for BSR Faculty fellowship for the year 2019 vide letter dated 07.11.2019. It is made clear that in the said award letter, the fellowship would be available from the actual date of joining up to the age of 68 years or upto 3 years [non-extendable] of the award, which ever is earlier. While looking at the award letter, it is made clear that the last date for joining the fellowship is the date of superannuation. In the case in hand, even according to the petitioner, he has submitted his joining report on 12.08.2020 viz., after two months from the date of superannuation as he was superannuated on 25.06.2020. 8. The learned Standing Counsel for the first respondent would submit that the University has also recommended to cancel the https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024fellowship of Dr.Subramaniam under BSR Faculty fellowship scheme by raising an apprehension that he did not use the research fund for research activity. Therefore, when the University is having serious objection in granting the fellowship to the petitioner and where there were delay in forwarding the joining report though such joining report to the 2nd respondent submitted after two months from the date of superannuation, it is a primordial requirement that to have a research, the petitioner needs a space. From the statement of the University, when they have got serious objection against the petitioner, the question of allotting space would naturally become an issue. 9. It is pertinent to mention here that the prayer sought for is a Mandamus to accept the joining report. But, while looking at the award letter dated 07.11.2019, it is with a condition that the petitioner should join the latest on the date of superannuation. Here, such thing has not happened and also there is a delay in forwarding such joining report. According to the first respondent, they did not conduct any selection after September 2021. As rightly contended by the learned counsel for the first respondent, when there is a serious issue between the petitioner and the respondents 2 to 4 and when there is a abnormal delay in joining the Faculty fellowship, at this length of time, if any Faculty is awarded, that would not be in the public interest and that the first https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024respondent also finds difficult to provide necessary funds. 10. It is pertinent to mention here that, the very object of BSR Faculty fellowship scheme, is to facilitate the talented Teachers in science and technology on the verge of superannuation to continue their productive research for an additional period of three years after superannuation and to play a research mentorship role for young researchers. Such intention had been reinforced in the award letter dated 07.11.2019. From the date of the award letter, now almost more than 5 years and 9 months have been lapsed and from the date of superannuation, 5 years 2 months have lapsed. Therefore, the period of 3 years, which has been provided to the petitioner has already been lapsed. Therefore, any extension granted to the petitioner will in no way augur the object of the BSR Faculty Fellowship Scheme. Accordingly, there is no perversity in the impugned order. Therefore, under the judicial review, this Court does not find any merits to interfere with the impugned order.11. In the result, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected WMP is also closed.21-08-2025kmiIndex:YesSpeaking orderInternet:YesNeutral Citation:Yes https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024To1.The University Grants Commission,Rep. By Its Secretary, Bahadurshan Zafar Marg, New Delhi -110 002.2.The Registrar,University Of Madras, Chepauk, Chennai -600 005.3.The Professor And Head,Department Of Biochemistry, University Of Madras, Guindy Campus, Chennai -600 025.4.The Principal Secretary AndMember-syndicate, University Of Madras, Higher Education Department, Secretariat, Fort St.George, Chennai -600 009. https://www.mhc.tn.gov.in/judis WP No. 9160 of 2024C.KUMARAPPAN J.kmiWP No. 9160 of 2024AND WMP NO.10192 of 202421-08 -2025

Find similar cases Start drafting free

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments

More cases under Constitution of India