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Madras High CourtWP(MD)/25024/2023closed

S.Hari Kengaram v. The Registrar

2026-02-12Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.02.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.25024 of 2023 and WMP(MD)Nos.21225, 21226 and 22953 of 2023 S.Hari Kengaram ... Petitioner Vs

1. The Registrar, Manomaniam Sundaranar University, Tirunelveli.

2. The Special Officer Cum Regional Joint Director of Collegiate Education, Pasumpon Muthuramalinga Thevar College, Melaneelinatha Nallur, Sankarankovil Taluk, Tenkasi District.

3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 008.

4. The Government of Tamil Nadu, Rep. by its Secretary, Higher Education (H1) Department, Chennai.

... Respondents 1/8

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned communication of the 1st Respondent in Letter No. MSU/R/CDC/A4/115/Q.A dated 19.09.2023 and the consequential order of the 2nd respondent in Na.Ka.No. 9877/<2/2020-3 dated 05.10.2023 and quash the same and further direct the respondents to permit the petitioner to continue in the post of Principal in the 2nd respondent college till his retirement.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 : Mr.Mahaboob Athiff For R2 to R4 : Mr.S.Vinodh, Government Advocate

ORDER

The petitioner, who was engaged as an Associate Professor and as the Principal of the Pasumpon Muthuramalinga Thevar College, has filed this writ petition as against the communication of the Registrar, Manonmanian Sundarar University, Tirunelveli dated 19.09.2023 informing the Secretary of the college that the petitioner had completed his five year tenure as principal on 04.04.2023 and that as per the UGC Regulations, the term can be extended for another 5 years only after the petitioner appears before the panel of the Selection Committee of the university. The Joint Director of Collegiate Education has communicated 2/8

this correspondence to the Secretary of the college and to the petitioner vide letter dated 05.10.2023. Hence this writ petition has been filed against the communication of the Registrar of the Manonmanian Sundarar University, Tirunelveli dated 19.09.2023 and the communication of the Joint Director of Collegiate Education dated 05.10.2023.

2.Admittedly, the petitioner was appointed as Principal of the Pasumpon Muthuramalinga Thevar college on 04.04.2018 and hence completed his five year tenure on 04.04.2023. However, the petitioner, without being provided extension for a second term, has been allowed to continue as Principal. Therefore, the Registrar has reminded the Secretary of the College that the tenure of the principal is only for a period of five years and the petitioner has to be provided an extension by the selection committee in order to continue as principal for a second term as per the UGC Regulations.

3.The petitioner has challenged the above communications by taking a ground that his appointment order makes no mention about his 3/8

tenure and that his appointment was made only as per the regulations prevailing in 2018.

4.The learned counsel for the University, however, has pointed out that the State Government has adopted the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 vide G.O.(Ms.) No. 5, Higher Education (H1) Department dated 11.01.2021. As per these regulations, the tenure of a college principal is only for a period of five years and the tenure can be extended for a further five years on the basis of the performance assessment by a committee of the university. The relevant portions are extracted as under:

"V. College Principal and Professor (Professor's Grade) ......

B. Tenure i) A College Principal shall be appointed for a period of five years, extendable for another term of five years on the basis of performance assessment by a Committee appointed by the University, constituted as per these regulations. 4/8

ii) After the completion of his/her term as Principal, the incumbent shall join back his/her parent organization with the designation as Professor and in the grade of the Professor." 5.The learned counsel for the University has also drawn the attention of this court to the procedure for the extension of second term as per the UGC Regulations and the same is extracted as under: "B. Committee for Assessment of College Principal and Professor for Second Term The Committee for assessment to the post of College Principal for second term shall have the following composition: i) Nominee of the Vice-Chancellor of the affiliating University.

ii) Nominee of the Chairman, University Grants Commission.

The nominees shall be nominated from the Principals of the Colleges with Excellence/College with Potential of Excellence/Autonomous College/NAAC Grade 'A' accredited colleges."

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6. This court, while entertaining this writ petition, had granted an interim order on 16.10.2023 and on the strength of the interim order, the petitioner has continued as Principal and attained the age of superannuation on 30.01.2026 and was allowed to retire from service. However, in view of the provisions of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 adopted by the State Government vide G.O.(Ms.) No.5, Higher Education (H1) Department dated 11.01.2021 with effect from 01.04.2020, this court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also closed.

12.02.2026 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

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To

1. The Registrar, Manomaniam Sundaranar University, Tirunelveli.

2. The Special Officer Cum Regional Joint Director of Collegiate Education, Pasumpon Muthuramalinga Thevar College, Melaneelinatha Nallur, Sankarankovil Taluk, Tenkasi District.

3. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 008.

4. The Secretary, Higher Education (H1) Department, Chennai.

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B.PUGALENDHI, J.

ogy WP(MD) No.25024 of 2023 12.02.2026 8/8