High Court · 2025

W.P. No.48095 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 12.12.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P. No.48095 of 2025andW.M.P. No.53748 of 2025Dr.A.V.Kubendiran, (Guest Lecturer),Anderipatti,Pochampalli Taluk, Krishnagiri -635 306.Petitioner(s)Vs1.University Grants Commission,Rep By its Secretary, Bahadur Shah Zafar Marg, New Delhi -110002.2.Government of Tamil Nadu,Rep. By Secretariat To Government, Department of Higher Education, Secretariat, Chennai -600 009.3.Directorate of Collegiate Education,577, Anna Salai, Saidapet, Chennai -600 015.4.Periyar University,Rep.By its Registrar, Periyar Palkalai Nagar, Salem -636011.5.Government Arts and Science College,Rep.By its Principal, Arur-636903, Dharmapuri District.Respondent(s)1/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing Respondent 2 to 4 to regularize petitioner’s services in the 5th respondent College as Assistant/Associate Professor of the 5th Respondent College by continuing the Petitioner till the age of 70 years interims of the UGC norms vide circular No. F.25-1/2018(PS/MISC) dt.28.01.2019 and to pay the difference in salary from the date of the said circular.For Petitioner(s) : Mr.K.Srinivasa MurthyFor Respondent(s) : Mr.M.R.Gokul Krishnan2 and 3 Additional Government PleaderFor R4: Mr.R.Krishnan for M/s.Isaac ChamberORDERThis Writ Petition has been filed Respondent 2 to 4 to regularize petitioner’s services in the 5th respondent College as Assistant/Associate Professor of the 5th Respondent College by continuing the Petitioner till the age of 70 years in terms of the UGC norms vide circular No. F.25-1/2018(PS/MISC) dt.28.01.2019 and to pay the difference in salary from the date of the said circular.2. The case of the petitioner is that he was working as Guest Lecturer-Tamil in Government Arts College from 2005 and thereafter as Guest Lecturer – Tamil in the 4th respondent Government Arts and Science College from 12.09.2012. It is stated that the petitioner is being paid Rs.25,000/- per month and facing difficulty is running the family. Considering the plight of Guest Lecturer, 2/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025the 1st Respondent University Grants Commission issued guidelines dated 28.01.2019 enhancing the rates payable to the Guest lecturers. It is the further case of the petitioner that according to the UGC guidelines dated 28.01.2019, the respondents 2 to 4 have to pay Rs.1,500 per lecture subject to a maximum of Rs.50,000/- per month, entitled to continue till 70 years. Thereafter, on 21.03.2020, the 2nd respondent Government issued G.O.(Ms)No.56 to regularise the Guest Lecturers, however the same has not been implemented by the respondents 2 to 4. Hence the petitioner submitted representations on 11.04.2025 and 03.11.2025 seeking appropriate relief, however the same has not been considered till date. Hence, this writ petition.3. The learned counsel appearing for the petitioner would submit that the issue stands covered by a judgment of this Court in W.P.No.47718 of 2025 dated 10.12.2025 and would request that the there may be a direction to the respondents 2 to 4 to consider the petitioner’s representations dated 11.04.2025 and 03.11.2025 and pass appropriate orders in terms of the aforesaid judgment.4. In this regard, the relevant portions of the judgment in W.P.No.47718 of 2025 dated 10.12.2025 is extracted hereunder:3/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025“This Writ petition has been filed, directing the 1st respondent to issue a Government Order similar to G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020 for regularization of the petitioners working in the Government Arts and Science Colleges converted from Constituent Colleges by G.O.Ms.No.183, Higher Education (G1) Department, dated 15.09.2022 affiliated to Periyar University and Thiruvallur University as Assistant Professors without written examination and consequently, direct the 2nd Respondent to regularize the Petitioners as Assistant Professors in the Government Arts and Science Colleges in the time scale of pay based on Weightage of marks for teaching experience and qualifications as prescribed in G.O.Ms.No.412, Higher Education (F2) Department, dated 07.12.2009 read with G.O.Ms.No.32, Higher Education (F2) Department, dated 08.03.2013, Certificate verification and interview WITHOUT requiring the Petitioners to undergo any written examination.2.The case of the petitioners is that the there were 41 Constituent Colleges functioning under various Universities in the State of Tamil Nadu. These Constituent Colleges were established and maintained by the respective Universities. In the first phase, the Government of Tamil Nadu converted 14 Constituent Colleges into Government Arts and Science Colleges between the years 1995~96 to 2010~2011. This conversion was formalized by G.O.Ms.No.36, Higher Education (G1) Department, dated 28.02.2019. The 4/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025Government issued G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020, ordering the regularization of 1146 Guest Lecturers working in the 14 Constituent Colleges who possessed the minimum requisite qualifications for the post of Assistant Professors as per University Grants Commission norms and were directed to be appointed as Associate Professors after certificate verification and interview following rule of reservation without written examination. The said G.O.Ms.No.56 dated 21.03.2020 laid down specific conditions for regularization. However, before the interviews could be conducted for regularisation of the 1146 Guest Lecturers as Assistant Professors, the said G.O.Ms.No.56 dated 21.03.2020 was superseded by G.O.MS No.247 and G.O.Ms.No.248, Higher Education (F2) Department, dated 08.11.2022, directing that Guest Lecturers should take part in an open competitive written examination for getting regularised as Associate Professors. The said Government Orders Nos.247 and 248 dated 08.11.2022 were challenged by Guest Lecturers in a batch of Writ Petitions before this Court. In the landmark order dated 02.04.2024, the single Judge of this Court quashed G.O.Ms. No.248, Higher Education Department, dated 08.11.2022 insofar as it superseded G.O.Ms.No.56 after certificate verification, but before interview could be conducted, and directed the respondents to continue the selection process to fill up 1146 posts of Assistant Professor in accordance with G.O.Ms.No.56 based on the selection process already initiated and processed by the Directorate of Collegiate Education without written 5/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025examination. Pursuant to the said order dated 02.04.2024, the regularization process for 1146 Guest Lecturers working in the 14 converted Government Arts and Science Colleges has been completed and they have been appointed as Assistant Professors in time scale of pay based on weightage of marks, certificate verification and interview without any written examination. In the meantime, in the second phase, the Government of Tamil Nadu converted 27 more Constituent Colleges under 8 Universities as Government Arts and Science Colleges pursuant to G.O.Ms.No.183 dated 15.09.2022. 2.01.The petitioners are holders of Ph.D. degrees or Post Graduate Degree and have passed National Eligibility Test or State Level Eligibility Test. They are fully qualified for appointment to the posts of Assistant Professors. They are presently working as Guest Lecturers in 27 Constituent Colleges which were converted into Government Arts and Science Colleges by G.O.Ms.No.183, (Higher Education Department) dated 15.09.2022. Although 1146 Guest Lecturers who had worked in 14 Constituent Colleges, which were later converted into Government Arts and Science Colleges have been regularised and appointed as Assistant Professors pursuant to the order of this Court dated 02.04.2024 without written examination, the petitioners who are on par with the 1146 Guest Lectures are yet to be regularized as Assistant Professors and are still working as Guest Lecturers in the Government Arts and Science Colleges. The petitioners were recruited as Guest Lecturers in a transparent manner through walk~in interviews conducted by 6/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025Periyar University vide advertisement No.PU/R/R5/GL~ADVT~1/2019 in July 2019. They attended the walk~in interviews with all original certificates and were duly selected by a proper selection process. The petitioners possess the requisite qualifications for the post of Associate Professors as per UGC norms, being holders of Ph.D degrees or M.Phil/PG with NET/SLET qualifications. They have completed more than five years of service as Guest Lecturers in Government Colleges. They satisfy all the conditions stipulated in G.O.Ms.No.56 dated 21.03.2020 for the post of Associate Professors. The petitioners numbering 50 are working in the 8 converted Government Arts and Science Colleges affiliated to Periyar University and Thiruvallur University and the petitioners satisfy all the eligibility criteria laid down in G.O.Ms.No.56 dated 21.03.2020 for regularization as Assistant Professors. The counsel for the petitioners addressed a representation dated 25.10.2025 to the 1st and 2nd respondents requesting the Government to issue a Government Order similar to G.O.Ms.No.56, dated 21.03.2020 for regularization of the petitioners as Assistant Professors based on certificate verification and interview only, without requiring them to undergo any written examination. However, the same was not considered till date. Hence, the present writ petition has been filed.3.The learned Senior Counsel appearing for the petitioners submits that this Court may issue a direction to the 1st and 2nd respondents to consider the petitioners’ representation and pass appropriate orders, on par with the 1146 Guest Lecturers who have 7/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025already been regularised as per G.O.Ms. No.56, Higher Education Department, dated 21.03.2020, within a reasonable time to be fixed by this Court.4.In view of the above, the 1st and 2nd respondents are directed to consider the petitioners’ representation and pass appropriate orders, on merits and in accordance with law, on par with the 1146 Guest Lecturers who have already been regularised as per G.O.Ms. No.56, Higher Education Department, dated 21.03.2020, within a period of two (2) weeks from the date of receipt of a copy of this order. 5. With the above directions, this Writ Petition stands disposed of. No costs.Consequently, connected miscellaneous petition is closed.”5. In view of the above, respondents 2 to 4 are directed to consider the petitioner’s representations and pass appropriate orders, on merits and in accordance with law in terms of the judgment of this Court in W.P.No.47718 of 2025, within a period of two weeks from the date of receipt of a copy of this order.8/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 20256. With the above directions, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 12.12.2025 Speaking (or) Non Speaking OrderIndex : Yes/ NoNeutral Citation: Yes/NomkaTo:1.The Secretary, University Grants Commission,Bahadur Shah Zafar Marg, New Delhi -110002.2.Secretary to Government,Government of Tamil Nadu,Department of Higher Education, Secretariat, Chennai -600 009.3.Directorate of Collegiate Education,577, Anna Salai, Saidapet, Chennai -600 015.4.The Registrar, Periyar University,Periyar Palkalai Nagar, Salem -636011.5.The Principal,Government Arts and Science College, Arur-636903, Dharmapuri District.9/10 https://www.mhc.tn.gov.in/judis W.P. No.48095 of 2025M.DHANDAPANI, J.mkaW.P. No.48095 of 202512.12.202510/10