High Court · 2025

W.P.No.43513 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.11.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.43513 of 2025and W.M.P.Nos.48659 and 48660 of 2025Dr. N. Ponpandian ... Petitioner-Vs-1. The Registrar, Bharathiar University, Coimbatore 641 046.2. Dr. R.T.Rajendra Kumar ... RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in his proceedings No.E7/HoD/7332/2025/5-1 dated 22.10.2025 appointing the second respondent as Head of the Department of Nano Science and Technology in the first respondent University and to quash the same as being illegal unsustainable in law and for a consequential direction to permit the petitioner to continue as the Head of the Department of Nano Science and Technology, Bharathiar University, Coimbatore being the senior most in the department of Nano Science and Technology in the first respondent University. University.For Petitioner : M/s.N.Kavitha RameshwarFor R1 : Mr.I.Calvin Jones for M/s Ajmal AssociatesFor R2 : Mr.R.Amardeep for M/s Tamizh Law FirmPage 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 2025 ORDERThis writ petition has been filed challenging the order passed by the first respondent dated 22.10.2025, thereby appointing the second respondent as Head of the Department of Nano Science and Technology in the first respondent University.2. Heard the learned counsel on either side and perused the materials available on record.3. The petitioner was initially appointed as Reader in the Department of Nano Science and Technology in the first respondent University on 12.01.2008. Thereafter, he was re-designated as Associate Professor with effect from 01.03.2011 and thereafter, he was appointed as Head of the Department with effect from 01.07.2015, as per Section 45 of the Bharathiar University Act, 1981 (herein after called as “the Act”). Now, the first respondent appointed the second respondent as Head of the Department of Nano Science and Technology and directed the petitioner to handover the charge to the second respondent.Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 20254. The learned counsel for the petitioner submits that the petitioner is the senior most Professor and he was already holding the post of Head of the Department from 01.07.2015. Therefore, the appointment of the second respondent as Head of the Department in charge is illegal and against the provisions of the Act.5. She relied upon the Judgment of this Court in W.P.No.13416 of 2021 dated 01.11.2022 and this Court held that the provisions under Section 45(1) of the Act is clear that when there are more than one Professor in any Department, the seniority shall be followed in the appointment of the Head of the Department, Dr.K.Srinivasan ought to have been continued as the Head of the Department (Physics) as admittedly, he is the senior most amongst the Professors in the said Department.6. It is relevant to extract the provisions under Section 45(1) of the Act as follows:-“ 45. Terms and Conditions of Service of Heads of Departments:(1) Each department of the University shall have a Head who shall be a Professor or Director, and whose duties and functions and terms and conditions of appointments shall be as prescribed in the ordinances, provided that if there is more than one Professor in any Departments, the Head of the Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 2025Departments shall be appointed in the manner prescribed by the ordinance:Provided further that in a department where there is no Professor, an Assistant Professor or a Reader may be appointed as Head of the Department in the manner prescribed by the ordinance.The same has been reiterated in the Statutes. As per the Ordinance issued by the University pursuant to the Act and Statutes.I. Mode of Appointment: Each Department of the University shall have a Head who shall be a Professor or Director. Provided that if there is more than one Professor in any department, the seniority shall be followed in the appointment of Head of the Department by the Vice Chancellor.Provided further that in a Department where there is no Professor, the seniority shall be followed in the cadre of Reader in the appointment of Head of the Department by the Vice Chancellor. It shall be open to a Professor or Reader to decline the offer of appointment as Head of the Department in which cases the next senior in position shall be considered for appointment or Head of the Department by the Vice-Chancellor.”7. Thus, it is clear that the senior most Professor shall have to be appointed as Head of each Departments, provided whether there is no Professor, an Assistant Professor or a Reader may be appointed as Head of the Department.Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 20258. It is also relevant to extract the provisions under Section 45(3) of the Act as follows:- “45(3) Term of Head of the Department- A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.”It says about the term of Head of the Department. Accordingly, a person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.9. In the case of the petitioner, he was appointed as Head of the Department of Nano Science and Technology on 01.07.2015 and he continued till the appointment of the second respondent viz., 22.10.2025. Therefore, he had continued as Head of the Department for more than ten years. Though the provision under Section 45(3) of the Act provides re-appointment, it cannot be endless. The tenure of the Head of the Department post shall be three years. 10. Further, there was a meeting with Registrars of all Universities under the aegis of Higher Education Department under the Chairmanship of the Secretary to Government, held on 15.05.2025. As per the minutes of the said meeting, the Secretary to Government instructed all the Registrars of all the Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 2025Universities to identify those Heads of Departments in Universities who are serving as Head of the Department in the same Department for more than three years and to furnish the list to the Government. The Registrars were also directed to appoint the faculty in the post of Head of the Department on rotation basis for every three years. 11. In compliance of the direction issued by the Secretary to Government, the second respondent has been appointed as Head of the Department, since the petitioner had been continuing as Head of the Department of Nano Science and Technology with effect from 01.07.2015 till 22.10.2025. That apart, the petitioner was relieved from the post of Head of the Department and the second respondent had taken charge and he is continuing as Head of the Department of Nano Science and Technology in the first respondent.12. Further, the Hon'ble Division Bench of this Court in W.P.No.5862 of 2024 dated 25.02.2025, in the case of Prof.Dr.M.Srinivasan Vs The Chancellor of Universities, Raj Bhavan-Tamil Nadu, Guindy, Chennai – 600 022 and others, wherein it was held as follows:-“20. The rationale behind the impugned amendment is apparent that all the eligible senior most professors in a department in the University shall be provided with an Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 2025opportunity to serve as Head of the Department. Undoubtedly, such rotational based designation of Head of the Department would not only enhance the efficiency level in a department, but would provide equal opportunity to all senior professors in a Department. 21. As per the pre-amended Statute, once a senior professor was designated as Head of the Department, he will hold the post till his retirement or promoted to higher rank. However, long-term holding of the post of Head of the Department by one professor is certainly not desirable, and will result in denied opportunity to other aspiring senior professors, who all are eligible to be designated as Head of the Department.”13. In view of the above, this Court finds no infirmity or illegality in the order passed by the first respondent dated 22.10.2025 and the writ petition is devoid of merits and is liable to be dismissed.14. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs.11.11.2025(3/4)Internet: YesIndex : Yes/NoNeutral Citation: Yes/NoSpeaking/Non Speaking ordermnPage 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.43513 of 2025G.K.ILANTHIRAIYAN. J,mnToThe Registrar,Bharathiar University, Coimbatore 641 046.W.P.No.43513 of 202511.11.2025Page 8 of 8