The Bharathidasan University v. Dr.S.Jayalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY & C.M.P.(MD)No.365 of 2025 The Bharathidasan University, Through its Registrar, Thiruchirappalli.

... Appellant -Vs1.S.Jayalakshmi 2.R.Rajkumar 3.C.Arunkumar 4.T.Rajkumar 5.The University Grants Commission, Through its Secretary, Bahadur Shah Zafar Marg, New Delhi-110002.

6.The Principal Secretary to Government, Higher Education Department, Fort St.George, Secretariat, Chennai.

... Respondents

PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 27.07.2023 made in W.P.(MD)No.2481 of 2022 on the file of this Court.

For Appellant : Mr.V.R.Shanmuganathan For R1 to R4 : Mr.Isaac Mohanlal, Senior Counsel for Mr.J.Anandkumar For R6 : Mr.J.Ashok, Additional Government Pleader

JUDGMENT

[Judgment of the Court was delivered by J.NISHA BANU, J.] This Writ Appeal is directed against the order of this Court dated 27.07.2023 made in W.P.(MD)No.2481 of 2022.

2.The respondents 1 to 4 / writ petitioners have filed the said Writ Petition, seeking for a direction to the appellant / 1st respondent to regularise the services of the writ petitioners in DDU-Centre for KAUSHAL and IECD of the appellant University, in their respective posts with all consequential monetary and service benefits.

3.The Writ Court, after hearing the learned counsel on either side and perusing the records, allowed the Writ Petition, directing the appellant University to regularize the services of the writ petitioners in DDU Centre for KAUSHAL Kendras in their respective post by converting the said centre into a department of the University. Challenging the same, the appellant has filed this Writ Appeal. 4.Today, when the matter is taken up for hearing, the learned counsel appearing for the appellant would submit that though the appellant has filed this Writ Appeal challenging the regularization of the writ petitioners, now, his only grievance is that conversion of DD KAUSHAL Kendras into department of University will involve financial implications and therefore, the University cannot be compelled to convert the same.

5.Considering the submissions made by the learned counsel for the appellant, we are inclined to delete the sentence 'by converting the said centre into a department of the University', accordingly, it is deleted. However, the appellant University is directed to regularize the services of the writ petitioners in their respective posts within a period of eights weeks from the date of receipt of a copy of this order.

6.With the above modification, this Writ Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 19.03.2025 NCC : Yes / No Index : Yes / No Yuva To The Principal Secretary to Government, Higher Education Department, Fort St.George, Secretariat, Chennai.

J.NISHA BANU, J.

AND S.SRIMATHY, J.

Yuva 19.03.2025