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Madras High CourtWP/49393/2025disposed of with direction

N.Saranya v. Secretary To Government

2026-01-12Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.55174 of 2025 N.Saranya W/o. R. Gnapathy Raja, No. 8 Malaiyaperumal Nagar, Sitharkadu, Mayiladuthruai 609003.

..Petitioner(s) Vs

1. Secretary To Government Department Of Higher Education, Secretariat, Chennai 600 009.

2. Director Of Collegiate Education Directorate Of Collegiate Education, No. 577, Anna Salai, Saidapet, Chennai 600 015.

3. Regional Joint Director Of Collegiate Education, Thanjavur Region, AVP Azhagammal Nagar, Thanjavur 613 005.

4. The Principal, Dharmapuram Gnanambigai Government Arts College For Women, Dharapuram Road, Mayiladuthurai 609 001.

5. Dr.S.Reveathi The Principal, Dharmapurm Gnanambigai Government Arts College For Women, Dharapuram Road, Mayiladuthurai 609 001.

..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 2nd Respondent in Na.Ka.No.TNDCE/7336/2025-D1 dated 26.11.2025 and quash the same as arbitrary consequently, direct the Respondents 1 to 4 to continue to engage the petitioner as Guest Lecturer in the Computer Science Department of the 4th Respondent College effective from June 2025 and pay the arrears of salary from June 2025, till the date of re-joining.

For Petitioner(s):

Mr.J.Saravana Vel For Respondent(s):

Mr.K.Tippusulthan Government Advocate

ORDER

This Writ Petition has been filed seeking quashment of the impugned order passed by the 2nd Respondent in Na.Ka.No.TNDCE/7336/2025-D1 dated 26.11.2025 and consequently, direct the Respondents 1 to 4 to re-engage the

petitioner as Guest Lecturer in the Computer Science Department of the 4th Respondent College with effect from June, 2025 and pay the arrears of salary from June 2025, till the date of re-joining.

2. Mr.K.Tippusulthan, learned Government Advocate takes notice on behalf of the respondents.

3. The case of the petitioner is that the petitioner was engaged as a Guest Lecturer in the fourth respondent College in the Department of Computer Science, since 14.09.2014 with the consolidated pay of Rs.25,000/-. While so, the fifth respondent called upon the petitioner and orally informed her to discontinue the job, as she had become as an excess staff in the said College. Aggrieved by the same, the petitioner made representations dated 26.06.2025 and 10.07.2025 before the second respondent, seeking a direction to the fifth respondent to permit the petitioner to continue her work in the fourth respondent College. The petitioner also filed a Writ Petition in W.P.No.33994 of 2025 before this Court, whereby this Court directed the second respondent to consider the petitioner's representation.

Pursuant to which, the second respondent passed an impugned order dated 26.11.2025, rejecting the petitioner's request on the ground that there was no vacancy for staff recruitment in the fourth respondent College. Challenging the said impugned order, the petitioner has filed this Writ Petition.

4. Learned counsel for the petitioner submitted that the certain staff members belonging to other colleges were shown up as being posted in the fourth respondent College, though they were not actually working therein, and were nevertheless drawing salary from the fourth respondent College. It is also submitted that the Government had sanctioned 8 posts of Lecturer in the Department of Computer Science in the fourth respondent College. Out of the said eight posts, three Assistant Professors are permanent staff recruited through Teachers Recruitment Board (TRB), and the remaining five were deputed from Annamalai University during the period between 2019 and 2022.

He further submitted that one Sundaramoorthy, though deputed to work at Government Arts and Science College, Thiruvidaimaruthur, is being paid salary from the fourth respondent College. Consequently, one post in the Department of Computer Since is presently vacant. Since the petitioner has been serving as a Guest Lecturer from 2014 till April 2025, he is entitled to be accommodated in the said vacancy. Therefore, the learned counsel seeks quashment of the impugned order passed by the second respondent.

5. Heard Mr.K.Tippusulthan, learned Government Advocate appearing for the respondents and perused the materials available on record.

6. This Court is of the opinion that the Guest Lecturers are engaged on a contractual basis in Colleges and that their services are liable to be discontinued at the discretion of the institution, subject to the terms of engagement.

7. In the present case, the petitioner was engaged as a Guest Lecturer in the year 2014 and continued in service till April, 2025. It is submitted that no vacancy exists for the post of Lecturer in the Department of Computer in the fourth respondent college due to want of financial sanction. Hence, the petitioner's services were discontinued.

8. In view of the above, this Court is of the view that if financial sanction is granted for the academic year 2025-2026 and if any vacancy arises in the fourth respondent college, including in the event of any sanctioned post becoming available on account of one Sundaramoorthy, who is stated to have been deputed to Government Arts and Science College, Thiruvidaimaruthur, while drawing salary from the fourth respondent College, it would be open to the petitioner to submit a representation before the respondents within a period of one (1) week from the date on which such vacancy arises. Upon receipt of such representation, the respondents shall consider the same on merits and in accordance with law and pass appropriate orders within a period of two (2) weeks thereafter.

9. This Writ Petition stands dismissed with the above direction. There shall be no order as to costs. Consequently, connected Writ Miscellaneous Petitions are closed.

12-01-2026 Index: Yes/No Speaking/Non-speaking order ANU To

1. Secretary To Government Department Of Higher Education, Secretariat, Chennai 600 009.

2. Director Of Collegiate Education Directorate Of Collegiate Education, No. 577, Anna Salai, Saidapet, Chennai 600 015.

3. Regional Joint Director Of Collegiate Education, Thanjavur Region, Avp Azhagammal Nagar, Thanjavur 613 005.

4. The Principal, Dharmapuram Gnanambigai Government Arts College For Women , Dharapuram Road, Mayiladuthurai 609 001.

M.DHANDAPANI, J.

ANU and WMP.No.55174 of 2025 12-01-2026