Madras High CourtWP/35201/2024disposed of with direction

Dr.P.Samuel v. The State Of Tamil Nadu

2026-01-12Honourable Mr Justice M.Dhandapani18 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.337, 553, 1235 and 3818 of 2025 1 Dr.P.Samuel 2 B.Poovilangothai 3 Dr.A.Thangasamy 4 Dr.R.Jayasankar 5 Dr.R.Amutha 6 Dr.K.Kumar 7 Dr.R.Sugumari 8 Dr.S.Selvakani 9 K.Vasumathi 10 Dr.M.Natarajan 11 Dr.P.C.Jegadha 12 Dr.R.Thamizharasi 13 Dr.M.P.Shabitha 14 Dr.K.Muruganandan 15 Dr.P.Veeralakshmi 16 Dr.P.Ashok Kumar 17 Dr.P.Vijayakumar 18 Dr.V.Chandrasekar 19 Dr.N.Manoharan 20 Dr.C.Arun 21 Dr.K.Thayalamurthy 22 Dr.J.Balakumar 23 Dr.S.Indira 24 Dr.K.Shanmugasundaram 25 Dr.S.Varalakshmy 26 Dr.S.S.Vijayakumari 27 Dr.A.Muppaligai 28 P.Ponnivalavan 1/18

29 Dr.P.Pallavan 30 Dr.P.Hariprabakaran 31 Dr.P.Narasimman 32 Dr.L.Rupa 33 Dr N Roja Bai 34 Dr.A.Priya 35 Dr M Duraisamy 36 Dr.S.Uma 37 Dr.G.Mahalakshmi 38 Dr.S.Sundareswari 39 Dr.P.Uma 40 Dr.K.Kalaiselvi 41 S.Raju 42 Dr.M.Sivakumar 43 Dr.K.Rajukkannu 44 Dr.C.Prakash 45 Dr.J.Jegathesh Amalraj 46 Dr.S.P.Ponnusamy 47 Dr.V.Elavarasi 48 Dr S Mariyappan ... Petitioners in W.P.35201/2024 1 N.C.Ganesh Babu 2 G.Shanmuganagarajan 3 M.Rajasekar 4 N.Thirunavukkarasu ... Petitioner in W.P.294/2025 1 V.Suganthi 2 R.Anitha 3 D.Agalya 4 S.Jayanthi 5 K.Ezhilarasi 6 K.Padmini ... Petitioner in W.P.470/2025 1 K.Usha 2 B.Bhuvaneswari 3 P.Mohandoss 4 C.Manikandan 2/18

5 V.Narayanan 6 K.Sargunaraj 7 R.Thanigaivel 8 E.Pandiyan 9 M.Sasikumar 10 A.Vinoth Kumar ... Petitioner in W.P.995/2025 1 P.Govindi 2 A.Kannagi 3 T.Dhanabakkyam 4 D.Raja Agilandeswari ... Petitioner in W.P.3428/2025 Vs.

1.The State of Tamil Nadu rep. by its Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Collegiate Education, College Road, Chennai - 600 006.

3.The Thiruvalluvar University rep. by its Registrar, Serkadu, Vellore - 632 115.

... Respondents in W.P.35201/2024 1.Government of Tamil Nadu, Represented by its Principal Secretary, Department of Higher Education, Fort St. George, Secretariat, Chennai - 600 009.

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2.Director of Collegiate Education, Department of Higher Education, No.577, Anna Salai, Saidapet, Chennai - 600 015.

3.Thiruvalluvar University Represented by its Registrar, Serkadu, Vellore - 632 115.

4.Government Arts and Science College, Represented by its Principal, Thennangur, Vandavasi, Tiruvannamalai District.

5.Government Arts and Science College, Represented by its Principal, Thittagudi, Cuddalore District.

6.Government Arts and Science College, Represented by its Principal, Thiruvennai Nallur, Villupuram District.

7.Government Arts and Science College, Represented by its Principal, Kallakuruchi, Kallakuruchi District.

... Respondents in W.P.294/2025 1.Government of Tamil Nadu, Represented by its Principal Secretary, Department of Higher Education, Fort St. George, Secretariat, Chennai - 600 009.

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2.Director of Collegiate Education, Department of Higher Education, No.577, Anna Salai, Saidapet, Chennai - 600 015.

3.Thiruvalluvar University Represented by its Registrar, Serkadu, Vellore - 632 115.

4.Government Arts and Science College, Represented by its Principal, Kallakuruchi, Kallakuruchi District.

5.Government Arts and Science College, Represented by its Principal, Thennangur, Vandavasi, Tiruvannamalai District.

6.Government Arts and Science College, Represented by its Principal, Arakkonam, Vellore District.

... Respondents in W.P.470/2025 1.Government of Tamil Nadu, Represented by its Principal Secretary, Department of Higher Education, Fort St. George, Secretariat, Chennai - 600 009.

2.Director of Collegiate Education, Department of Higher Education, No.577, Anna Salai, Saidapet, Chennai - 600 015.

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3.Thiruvalluvar University Represented by its Registrar, Serkadu, Vellore - 632 115.

4.Government Arts and Science College, Represented by its Principal, Thennangur, Vandavasi, Tiruvannamalai District.

5.Government Arts and Science College, Represented by its Principal, Thittagudi, Cuddalore District.

6.Government Arts and Science College, Represented by its Principal, Arakkonam, Vellore District.

7.Government Arts and Science College, Represented by its Principal, Kallakuruchi, Kallakuruchi District.

... Respondents in W.P.995/2025 1.Government of Tamil Nadu, Represented by its Principal Secretary, Department of Higher Education, Fort St. George, Secretariat, Chennai - 600 009.

2.Director of Collegiate Education, Department of Higher Education, No.577, Anna Salai, Saidapet, Chennai - 600 015.

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3.Thiruvalluvar University Represented by its Registrar, Serkadu, Vellore - 632 115.

4.Government Arts and Science College, Represented by its Principal, Thiruvennainallur, Thirukovilur, Villupuram District.

5.Government Arts and Science College, Represented by its Principal, Thirupatthur, Thirupatthur District.

... Respondents in W.P.3428/2025 Prayer in W.P.No.35201 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to absorb the petitioners in the respective posts to which they were appointed from the date of their initial appointment with all other service benefits accrued thereto and to consequently extend the other service dues as had been granted and extended to other similar situates. Prayer in W.P.No.294 of 2025:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to absorb the petitioners into the Tamil Nadu Collegiate Educational Services, for Government Arts and Science Colleges in Tamil Nadu, by extending all the attendant service and monetary benefits on par with the other 7/18

staff working in Government Arts and Science Colleges in Tamil Nadu, within the time frame as may be stipulated by this Hon'ble Court. Prayer in W.P.No.470 of 2025:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to absorb the petitioners into the Tamil Nadu Collegiate Educational Services, in the respondents 4 to 7 Government Arts and Science Colleges respectively in which they are working, by extending all the attendant service and monetary benefits on par with the other staff working in Government Arts and Science Colleges in Tamil Nadu, within the time frame as maybe stipulated by this Hon'ble Court. Prayer in W.P.No.3428 of 2025:

service and monetary benefits on par with the other staff working in Government Arts and Science Colleges in Tamil Nadu, within the time frame as may be stipulated by this Hon'ble Court. For Petitioners : Mr.L.Chandrakumar in W.P.No.35201/2024 Mr.M.Santhanaraman in W.P.Nos.294, 470, 995 & 3428/2025 For Respondents : Mr.M.R.Gokulakrishnan for R1 and R2 Additional Government Pleader Ms.H.Mary Sowmi Rexi for R3 for M/s.Isaac Chamber in W.P.No.35201/2024 Mr.M.R.Gokulakrishnan for R1, R2, R4 to R7 Additional Government Pleader Ms.H.Mary Sowmi Rexi for R3 for M/s.Isaac Chamber in W.P.Nos.294 & 995/2025 Mr.M.R.Gokulakrishnan for R1, R2, R4 to R6 Additional Government Pleader Ms.H.Mary Sowmi Rexi for R3 for M/s.Isaac Chamber in W.P.No.294/2025 Mr.M.R.Gokulakrishnan for R1, R2, R4 to R5 Additional Government Pleader Ms.H.Mary Sowmi Rexi for R3 for M/s.Isaac Chamber in W.P.No.3428/2025 9/18

C O M M O N O R D E R These writ petitions have been filed seeking direction to the respondents to absorb the petitioners in the respective posts to which they were appointed and to extend all the attendant service and monetary benefits.

2.Since the issue involved in these writ petitions are common in nature, they are heard together and disposed of by way of a common order.

3.The learned counsel appearing for the petitioners submitted that the petitioners were appointed by the third respondent University and posted in different Colleges affiliated to the third respondent University. During the year 2019 - 20, the Government of Tamil Nadu announced that the Arts and Science Colleges which are established as constituent Colleges of the Universities will be converted into Government Arts and Science Colleges and vide G.O.No.36 Higher Education Department dated 28.02.2019 converted 14 Colleges as Government Colleges and vide G.O.Ms.No.184, Higher Education Department, dated 11.12.2020 converted 27 Colleges as Government 10/18

Colleges. The learned counsel further submitted that after issuance of the said Government Orders, the first respondent took over the infrastructure of the Colleges and left over the staff recruited by the third respondent University.

4.The learned counsel appearing for the petitioners further submitted that till date, the petitioners were not absorbed in the respective Colleges and further submitted that the petitioners cannot be repatriated to the third respondent University. The learned counsel further submitted that the issue involved in these writ petitions is no longer res integra. Similar issue has already been considered by this Court in W.P.Nos.10315 of 2024 etc. batch dated 22.10.2024, wherein this Court allowed the said writ petitions and issued direction to the respondents 1 and 2 therein to absorb the petitioners therein into Tamil Nadu Collegiate Educational Services for Government Arts and Science Colleges and extend all the attendant service and monetary benefits on par with other teaching staff working in the Government Arts and Science Colleges in Tamil Nadu and the same was also confirmed by the Hon'ble Division Bench of this Court. Accordingly, the learned counsel prayed for allowing these writ petitions.

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5.Heard the arguments advanced on either side and perused the materials available on record.

6.It is useful to extract hereunder the relevant portion of the order of this Court in W.P.Nos.10315 of 2024 etc. batch [Dr.S.Diravidamani and others Vs. State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai 600 009 and others] dated 22.10.2024:

"12.The discussions that took place between the Government and the Registrar belonging to various Universities before the Government decided to take over the constituent colleges, may not be of any relevance while dealing with the rights of the petitioners and similarly placed persons who are now working in those Government colleges after it was taken over. As observed in the earlier order passed on 03.09.2024, the petitioners and other similarly placed persons are regular teaching staffs who were appointed by following proper procedure in sanctioned posts and were paid the UGC scale of pay. If 12/18

the petitioners and other similarly placed persons are going to be dislodged and fresh Assistant Professors are going to be appointed in such vacancy, it will defy reasoning. The persons who are going to be newly appointed as Assistant Professors will carry the same qualifications and they will be paid the same scale of pay and therefore, to undertake such an exercise by dislodging the petitioners and similarly placed persons is illogical and unwarranted. In fact, the concerned colleges will be loosing teaching staff who also have experience acquired over a period of time and are going to be replaced by a fresh batch of Assistant Professors, who have no experience. Looking at this case from any angle, there is absolutely no reason as to why the petitioners and similarly placed persons must be dislodged from the respective colleges and new appointees must take over their position.

13.This Court already held that the Government is expected to be a model employer and the Government should not dislodge the petitioners and the similarly placed persons by adding the posts held by them in the recruitment Notification.

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14.The learned Standing Counsel appearing on behalf of the Periyar University submitted that there are totally 63 Assistant Professors who were working in the constituent colleges of Periyar University.

15.In the light of the above discussion, the impugned Notification issued by the Teachers Recruitment Board dated 14.03.2024, is interfered insofar as it relates to filling up the post of Assistant Professors working in the constituent colleges of Periyar University. This includes the petitioners and others who are similarly placed and who are working in the constituent colleges of Periyar University. The posts held by them should not be included in the total vacancy shown in the Notification dated 14.03.2024. The selection can go on for the remaining vacant posts. There shall also be a consequential direction to 1st and 2nd respondents to absorb the petitioners into Tamil Nadu Collegiate Educational Services for Government Arts and Science Colleges and extend all the attendant service and monetary benefits on par with other teaching staff working in the Government Arts and Science Colleges in Tamil Nadu. An order to this effect shall be passed 14/18

by the 1st and 2nd respondents, within a period of eight weeks from the date of receipt of copy of the order.

16.In the result, all these writ petitions are allowed with the above directions. No costs. Consequently, all the connected miscellaneous petitions are closed.

7.Applying the ratio laid down by this Court in the decision cited supra, this Court directs the respondents to take a decision with regard to the absorption of the petitioners herein in the respective Colleges, within a period of twelve weeks from the date of receipt of a copy of this order.

8.Accordingly, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 12.01.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 15/18

To 1.The Secretary, Higher Education Department, Fort St.George, Chennai - 600 009.

2.The Director of Collegiate Education, College Road, Chennai - 600 006.

3.The Thiruvalluvar University rep. by its Registrar, Serkadu, Vellore - 632 115.

4.The Principal Secretary, Department of Higher Education, Fort St. George, Secretariat, Chennai - 600 009.

5.Director of Collegiate Education, Department of Higher Education, No.577, Anna Salai, Saidapet, Chennai - 600 015.

6.Government Arts and Science College, Represented by its Principal, Thennangur, Vandavasi, Tiruvannamalai District.

7.Government Arts and Science College, Represented by its Principal, Thittagudi, Cuddalore District.

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8.Government Arts and Science College, Represented by its Principal, Thiruvennai Nallur, Villupuram District.

9.Government Arts and Science College, Represented by its Principal, Kallakuruchi, Kallakuruchi District.

10.Government Arts and Science College, Represented by its Principal, Arakkonam, Vellore District.

11.Government Arts and Science College, Represented by its Principal, Thittagudi, Cuddalore District.

12.Government Arts and Science College, Represented by its Principal, Thiruvennainallur, Thirukovilur, Villupuram District.

13.Government Arts and Science College, Represented by its Principal, Thirupatthur, Thirupatthur District.

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M.DHANDAPANI,J.

pri W.P.Nos.35201 of 2024, 294, 470, 995 and 3428 of 2025 And W.M.P.Nos.337, 553, 1235 and 3818 of 2025 12.01.2026 18/18