K. Sakuntala, v. The Govt. Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and W.P.M.P.No.32797 of 2005 K.Sakuntala ..Petitioner Vs

1. The Government of Tamil Nadu, represented by The Secretary, Department of Higher Education, Fort St. George, Chennai -9.

2. Dr.(Tmt.) Susheela Thirumaran Vice Chancellor, Thiruvalluvar University, Fort, Vellore - 632 004.

3. The Thiruvalluvar University, represented by its Registrar, Fort, Vellore - 632 004.

..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Declaration declaring that G.O.Ms.No.442 (K2) Department, Higher Education, dated 02.08.2004 of the first respondent and all further actions based on the G.O.Ms.No.442 (K2) Department, Higher Education, dated 02.08.2004 of the first respondent as illegal and without jurisdiction.

For Petitioner :

Mr.A.Manish Kumar For Respondents :

Dr.R.Gouri, Government Counsel [R1] No appearance [R2 & R3] *****

ORDER

(Made by S.M.Subramaniam J.) The writ of declaration has been instituted to declare G.O.Ms.No.442 (K2) Department, Higher Education, dated 02.08.2004 is illegal and without jurisdiction.

2. The Government Order was challenged mainly on the ground that the Government has no power under the Thiruvalluvar University Act to sanction teaching posts. It is only the Syndicate, based on the recommendation of the Academic Council, can sanction post. Therefore, the Government Order sanctioning the post is illegal. However, on account of efflux of time, the advertisement inviting applications for teaching posts on 22.07.2005 and 29.07.2005 in Dinathanthi newspaper lost its relevance on account of the fact that 21 years have lapsed.

3. Learned counsel for petitioner would submit that an interim order was granted in the present writ petition. Therefore, based on the said advertisement, no selection process would have been conducted.

4. The petitioner is aged about 70 years. In view of the fact that the cause arose for filing of this writ petition lost its relevance on account of efflux of time and the declaratory relief was mainly sought for to nullify the recruitment notification issued for teaching post in the year 2005, no further

adjudication, at this length of time, is required on merits in the present writ petition.

Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (N.S.,J.) 12-06-2026 Index: Yes Speaking/Non-speaking order gm To 1.The Secretary, Department of Higher Education, Fort St. George, Chennai -9.

2.The Registrar, Thiruvalluvar University, Fort, Vellore - 632 004.

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

gm 12-06-2026