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Madras High CourtWP/45157/2025dismissed

D. Dhanalakshmi v. The Government Of Tamilnadu

2025-11-20Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.50303 and 50304 of 2025 D.Dhanalakshmi ... Petitioner -Vs1. The Government of Tamil Nadu, By Its Secretary, Higher Education Department, Fort St. George, Chennai-600 009.

2. The Teacher Recruitment Board, By Its Member Secretary, DPI Campus, College Road, Chennai -600 006.

3. The Director of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai-600 006.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for all the records relating to the impugned Notification No.4/2025 dated 16.10.2025 issued by the Teachers Recruitment Board, the Second Respondent herein, and to quash the same, and consequently to direct the Respondents herein to take a decision in respect of the 1146 posts earmarked for regular absorption for guest lecturers as per G.O.Ms.No.56 dated 21.03.2020 and in adherence to the order dated

26.06.2025 passed in Writ Appeal No.1199, 1187, of 2025, 1360, 1364 of 2024 and to consider the Petitioner for one of the Posts out of the said 1146 earmarked posts with due seniority and all other service benefits from the date the Petitioner joined as a Guest Lecturer.

For Petitioner : Mr.J.Thilagaraj For R1 and R3 : Mr.A.Selvendran Special Government Pleader For R2 : Mr.C.Kathiravan Standing Counsel

ORDER

This writ petition has been filed challenging the Notification No.4/2025 dated 16.10.2025 issued by the second respondent herein.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had joined as a Guest Lecturer in the Government Arts and Science College for Women, Barugur, Krishnagiri District, in the year of 2005. She is eligible in all aspects prescribed by the University Grants Commission to be appointed as Assistant Professors. Though the process of regularization of her appointment as Assistant Professor as against 1146 regular post were initiated from the month of February, 2021, the second respondent issued notification to recruit to the post of Assistant Professors including 1146

posts in total 4000 posts. The Notifications in G.O.Ms.No.247 and G.O.Ms.No.248 dated 08.11.2022, were challenged before this Court in WP No.7110 of 2024. This Court allowed the writ petition by order dated 20.03.2024 and relevant portion of the order is as follows: "9. In view of the above, the impugned order in GO.Ms.No.248 Higher Education (F2) Department dated 08.11.2022 is quashed insofar as ordered to notify 1146 vacancies which were earmarked for regular absorption of eligible Guest Lecturers as per G.O.Ms.No.56 Higher Education (F2) Department dated 21.03.2020. The respondents are directed to continue the selected process to fill up 1146 posts of Assistant Professors in accordance with the earlier order passed in G.O.Ms.No.56 Higher Education (F2) Department dated 21.03.2020 based on the selection process already initiated and processed by the proceedings of the second respondent dated 12.02.2021 and complete the same within a period of twelve weeks from the date of receipt of copy of this order."

4. Challenging the same, the respondents filed appeals in WA No.1199 of 2025 etc. batch and the Hon'ble Division Bench of this Court by order dated 26.06.2025, directed the respondents to keep 1146 posts earmarked for regular absorptions for Guest Lecturers vacant and for the remaining posts, the selection process can go on. In pursuant to the impugned order passed by the Hon'ble Division Bench, the second respondent issued notification dated 16.10.2025 inviting applications for direct recruitment for the post of 2708 posts of Assistant Professor.

5. Learned counsel for the petitioner would submit that without regularizing the post of the petitioner to the post of Assistant Professor, the second respondent issued notification inviting applications to fill up the post of Assistant Professors.

6. The learned Special Government Pleader appearing for the respondents 1 and 3 submitted that the order passed by this Court is clearly protected by the Hon'ble Division Bench insofar as filling up of 1146 vacancies to the post of Assistant Professors, which is earmarked for regular absorption for Guest Lecturers and for the remaining posts, the selection process can go on in respect of 2708 posts of Assistant Professors.

7. Learned Counsel for the petitioner submitted that if the notification allowed to be proceeded, the newly recruited Assistant Professors will be placed above the petitioner and the petitioner's seniority will be affected.

8. It is made clarified that if the petitioner succeeds in the writ appeals and her post is regularised in the post of Assistant Professor, she is entitled to be placed from the date of her initial appointment. Therefore, her seniority will not

be affected in any manner by newly recruited Assistant Professors.

9. In view of the above, this Court finds no infirmity or illegality in the notification issued by the second respondent in Notification No.4/2025 dated 16.10.2025 and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 20.11.2025 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Secretary, The Government of Tamil Nadu, Higher Education Department, Fort St. George, Chennai-600 009.

2. The Member Secretary, The Teacher Recruitment Board, DPI Campus, College Road, Chennai -600 006.

3. The Director of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai-600 006.

20.11.2025