High Court · 2025

WP No. 49608 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-12-2025CORAMTHE HONOURABLE MR JUSTICE M.DHANDAPANIWP No. 49608 of 2025andWMP No. 55455 of 20251. Dr.S.S.RamajayamGuest Lecturer/Asst. Professor Department of History, T.A.G. Government Arts College, Tindivanam Villupuram District- 6043072. Dr. M. Annamalai,Guest Lecturer/Asst. Professor Department of History, Arignar Anna Government Arts College,Cheyyar -604 407Thiruvannamalai District3. Dr. R. RanjithaGuest Lecturer/Asst. Professor Department of History, Aringnar Anna Government Arts College,Villupuram 6056024. Dr. M. Kalpana,Guest Lecturer/Asst. Professor Department of Botany Arignar Anna Government Arts college, Cheyyar -604407, Thiruvannamalai District5. Dr. M. BhuvaneswariGuest Lecturer, Department of Commerce, Govt. Arts and Science College for Women,Bargur 635104, Krishnagiri District https://www.mhc.tn.gov.in/judis WP No. 49608 of 20256. Dr. K. SarithaGuest Lecturer, Department of CommerceGovt. Arts and Science College for Women, Bargur 6351047. V. TamilarasiGuest Lecturer, Department of Nutrition and Dietetics, Govt. Arts and Science College for Women,Bargur -635 104, Krishnagiri District8. R. AnanthiGuest Lecturer, Department of Electronics and Communication, Govt. Arts and Science College for Women, Bargur-635 104, Krishnagiri District9. Dr. G. RenukadeviGuest Lecturer, Department of Tamil Govt. Arts College (Auto) Kumbakonam 612 602,Thanjavur District10. Dr.R. KalyanasundaramGuest Lecturer, Department of ICT Govt. Arts college (Auto) Kumbakonam Thanjavur District11. Dr.R. JayalakshmiGuest Lecturer, Department of Tamil Govt. College for Women, (A) Kumbakonam- 612 00112. Dr. M.RajamGuest Lecturer inTamil, Department of Tamil, Govt. Arts college for Women, (A) Kumbakonam 612 00113. Mrs.N. VijayasundariGuest Lecturer in Economics, Department of Economics,Govt. College for women, (A) Kumbakonam-612 001 https://www.mhc.tn.gov.in/judis WP No. 49608 of 202514. Dr.K. SumathiGuest Lecturer, Department of History Govt. College for Women, (A) Kumbakonam- 612 00115. Dr.M. VasantharadeviGuest Lecturer, Department of Tamil Govt College for Women (A) Kumbakonam -612001.16. Dr.T. LakshmiGuest Lecturer in Tamil,Department of TamilGovt. College for Women, (A) Kumbakonam-612 00117. Dr.K. LathaGuest Lecturer, Department of History L.R.G. Govt. Arts College for Women, Tiruppur.18. Dr. M. Kannika ParameswariGuest Lecturer, Department of Commerce, Arignar Anna Govt. Arts College, Villupuram 60560219. Mr.R. ElangovanGuest Lecturer, Department of Mathematics, T.G.G Govt. Arts college Tindivanam-604 30720. Dr. S. MuthunagaiGuest Lecturer, Department of Tamil Government Arts College (A)Salem-636 00721. Dr. R. SureshGuest Lecturer, Department of Co-operation, Government Arts College (A), Salem-636 00722. Dr. V. ManivannanGuest Lecturer, Department of https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025Chemistry, Government Arts college (A) Salem-636 00723. Dr. P.K. KanchanaGuest Lecturer, Department of Tamil, Government Arts College (A)Salem- 636 00824. Dr. M. TamilarasanGuest Lecturer, Department of History, Thiru A. Govindasamy Government Arts College, Tindivanam - 604307Petitioner(s)Vs1. The State of TamilNaduRepresented by its Principal Secretary, Department of Higher Education, Fort St. George, Chennai 600 0092.The Directorate of Collegiate Education,Saidapet, Chennai 6000153.Teachers Recruitment BoardRepresented by its Member Secretary EVK Aampath Building, College Road, Near Sankara Nethralaya, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu 600 006.4.University Grants Commission (UGC)Represented by its Chairman, Bahadur Shah Zafar Marg, New Delhi - 110002.Respondent(s)PRAYER Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 herein to first appoint all the petitioners to the post of Assistant Professor as directed by the Honble Court in W.P.No. 1971 of 2023 vide order dated 2.4.2024 as per G.O Ms. No. 56 Higher Education dated 21.03.2020 by taking into consideration the fact https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025that the petitioners are fully qualified and satisfy each and every condition of the said Government order and the UGC Regulations and before proceeding with the selection process of appointment to the post of Assistant Professor under notification No. 4/2025 dated 16.10.2025 issued by the 3rd Respondent.For Petitioner(s):Ms.M.Dakshayani Reddy for M/s.S.SuneethaFor Respondents: Mr.M.R.Gokulakrishnan, Additional Government Pleader for R1 & R2Mr.C.Kathiravan for R3ORDERThis writ petition has been filed, seeking a direction to Respondents 1 to 3 to first appoint all the petitioners to the post of Assistant Professor, as directed by the Hon’ble Court in W.P. No. 1971 of 2023 vide order dated 02.04.2024, in accordance with G.O. Ms. No. 56, Higher Education Department, dated 21.03.2020, taking into consideration the fact that the petitioners are fully qualified and satisfy each and every condition of the said Government Order and the UGC Regulations, and before proceeding with the selection process for appointment to the post of Assistant Professor under Notification No. 4/2025 dated 16.10.2025 issued by the 3rd Respondent.2. The case of the petitioners is that the petitioners were appointed as Guest Lecturers, a post equivalent to Assistant Professor, through a transparent process in Government Arts and Science Colleges, following the rule of reservation. They possess all qualifications prescribed by the UGC for appointment as Assistant Professors and have served for periods ranging from 5 https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025to 15 years on a meager consolidated salary. Recognizing their service, the Government issued G.O. Ms. No. 56, Higher Education Department, dated 21.03.2020, prescribing conditions for their appointment as Assistant Professors. The said G.O. contemplated selection based on earlier Government Orders (G.O. Ms. No. 412 dated 04.12.2009 and G.O. Ms. No. 32 dated 08.03.2013), with marks allocation and certificate verification by a duly constituted Selection Committee. The petitioners were called for verification and were on the verge of appointment when a change in Government stalled the process. Subsequently, the new Government issued G.O. Ms. No. 246 and G.O. Ms. No. 247, both dated 08.11.2022, introducing a written examination in place of the earlier selection procedure. This new process was sought to be retrospectively applied even to the 1,146 Guest Lecturers covered under G.O. Ms. No. 56 dated 21.03.2020, thereby depriving the petitioners of their legitimate expectation of appointment. Aggrieved by the fact that the Government abandoned the process mid-way and changed the entire procedure by including 1,146 posts also within the ambit of G.O. Ms. No. 247 dated 08.11.2022, some of the identically placed individuals, along with the Association, filed a writ petition before this Court in W.P. No. 1971 of 2023 etc. batch, challenging G.O. Ms. No. 247 dated 08.11.2022 and seeking a consequential direction to complete the selection process initiated under G.O. Ms. No. 56 dated 21.03.2020 insofar as the 1,146 posts were concerned. As a matter of fact, under G.O. Ms. No. 247 dated 08.11.2022, 4,000 posts of https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025Assistant Professor were sought to be filled. This Court held that the inclusion of 1,146 vacancies, which were to be filled under G.O. Ms. No. 56 dated 21.03.2020, within the ambit of G.O. Ms. No. 247 dated 08.11.2022, was illegal and arbitrary, and accordingly quashed the Government Order in G.O. Ms. No. 2248 dated 08.11.2022. In respect of the 1,146 vacancies earmarked for Guest Lecturers under G.O. Ms. No. 56 dated 21.03.2020, this Court directed the respondents to continue the selection process, which had been abandoned mid-way, within a period of twelve weeks from the date of receipt of a copy of the order. Aggrieved by the same, the Government preferred an appeal before the Division Bench of this Court in W.A. No. 1199 of 2024. Vide order dated 26.06.2025, an undertaking was given before the Hon’ble Division Bench that there was an immediate possibility of the order of the learned Single Judge being verified, and permission was sought to proceed with the selection by excluding the 1,146 posts earmarked for Guest Lecturers. While so, the respondent issued Notification dated 16.10.2025 for 2,708 vacancies, thereby keeping out the 1,146 vacancies meant for the petitioners herein. Strangely, even in the said notification, a special column was set apart for Guest Lecturers, providing that they would be awarded 15 marks for teaching experience. Pursuant to the said notification, hall tickets have been issued and the examination is scheduled to be conducted on 27.12.2025. However, the respondents have not taken any further steps towards the appointment of the 1,146 Guest Lecturers as directed by this Court. Hence the present writ petition https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025has been filed.3. The learned Senior Counsel appearing for the petitioners would submit that the learned Advocate General had already agreed before the Division bench of this Court for regularisation of the petitioners. However, the same has not been implemented so far. As per the directions of this Court and undertaking given by the learned Advocate General, this Court may permit the petitioners to make a representation to the respondents for implementation of the same, along with a copy of the order passed by the Division Bench of this Court. 4.In view of the above, the petitioners are directed to submit a representation to the respondents for implementation of regularisation, along with the copy of order passed by the Division Bench of this Court, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the respondents shall consider the same and pass appropriate orders within a period of four weeks, thereafter.5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18-12-2025Index:Yes/No (1/2)Speaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nouma https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025To1.The Principal Secretary, Department of Higher Education,Fort St. George, Chennai 600 0092.The Directorate of Collegiate Education,Saidapet Chennai 6000153.Teachers recruitment BoardRepresented by its Member secretary EVK Sampath Building, College Road, Near Sankara Nethralaya, Subba Road Avenue, Nungambakkam, Chennai, Tamil Nadu 600 006.4.University Grants Commission (UGC)Represented by its Chairman, Bahadur Shah Zafar Marg, New Delhi - 110002. https://www.mhc.tn.gov.in/judis WP No. 49608 of 2025M.DHANDAPANI J. umaWP No. 49608 of 2025and WMP No.55455 of 20251018-12-2025