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CDJ 2026 MHC 1459
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.A. (MD) No. 89 of 2026 & C.M.P. (MD) No. 958 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN & THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN |
| Parties : M. Karuppasamy & Others Versus The State of Tamilnadu, Rep., by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai & Others |
| Appearing Advocates : For the Appellants: Mohammed Imran for M/s. Ajmal Associates, Advocates. For the Respondents: R1 & R2, J. Ashok, Addl. Govt. Pleader, R3, T. Amjadkhan, Govt. Advocate. |
| Date of Judgment : 02-02-2026 |
| Head Note :- |
Letters Patent - Clause 15 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Clause 15 of Letters Patent
- G.O.Ms.No.56, Higher Education (F2) Department dated 21.03.2020
- G.O.Ms.No.248, Higher Education Department dated 08.11.2022
- impugned order dated 06.10.2025
- notification dated 16.10.2025
2. Catch Words:
Not mentioned.
3. Summary:
The appellants had applied for 33 Assistant Professor posts under a 2019 notification, but the selection process was cancelled following court intervention. A fresh notification was issued for a larger number of vacancies, but without extending the same concessions to the earlier applicants, who now must appear for a written exam they were not required to earlier. The Single Judge dismissed the original writ petition, holding that the earlier applicants could not claim a different treatment from Guest Lecturers who were absorbed under earlier government orders. The appellants filed this writ appeal challenging the cancellation and the requirement to reāappear for the exam. The Court observed that the recruitment process had been restructured and that the appellants could not claim any special privilege. Consequently, the appeal was dismissed.
4. Conclusion:
Appeal Dismissed |
| Judgment :- |
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(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 25.01.2024, passed in W.P.(MD) No.31564 of 2025, on the file of this Court.)
Dr. G. Jayachandran J
1. The appellants herein were applied for the posts of Assistant Professors, pursuant to the notification issued by the Government in the year 2019 for filling up 33 posts in the cadre of Assistant Professors in the Directorate of Collegiate Education. Being aggrieved by the cancellation of the selection process in between due to intervention of the Court, the appellants have preferred the Writ Petition stating that insofar as vacancies of 2331 posts of Assistant Professors, for similarly placed, are concerned, after cancellation, fresh notification was issued and selection process has been progressed. Whereas the cancellation of the selection process for 33 posts in the cadre of Assistant Professors, for which the appellants applied, the respondents have neither resumed the process nor reissued fresh notification.
2. The learned Single Judge, after considering the Government Orders passed to assimilate Guest Lecturers working in the college in the main stream by filling up the Post of Assistant Professors in the Government College, had noted that through the communication dated 01.09.2022, the Director of Collegiate Education has called the Secretary, Teacher Recruitment Board to cancel the notification and accordingly, the notification was cancelled. Thereafter, a fresh notification was issued for filling up the post of Assistant Professors with a clause that applicants, who had already applied for the recruitment process, which was aborted in between, need not pay the requisite registration fees. Except for leniency on the fees, no leniency has been extended to the applicants who responded to the earlier notification, which was subsequently cancelled. While so, the learned Single Judge has dismissed the Writ Petition stating that the Guest Lecturers, who had the benefit of absorption under G.O.Ms.No.56, Higher Education (F2) Department dated 21.03.2020, are classified themselves and the notification in G.O.Ms.No.248, Higher Education Department, dated 08.11.2022 which included 1146 vacancies, which were originally earmarked for absorption of eligible Guest Lecturers been quashed. The appellants, who applied in response to the notification to fill up 33 posts of Assistant Professors, cannot have a different footing to seek for any privilege and quash the subsequent Government Orders. Being aggrieved, the present Writ Appeal is filed stating that the petitioners, who had already applied for the post in Collegiate Education and cleared the test and were waiting for appointment after certificate verification, cannot be compelled to undergo the process again by virtue of the impugned order dated 06.10.2025. It is to be noted that in the earlier recruitment notification, which was aborted and in which the appellants herein participated, the selection process did not contain any written examination. Whereas the subsequent notification has introduced written examination and therefore, they do not want to undergo the process again.
3. It is contended by the learned counsel appearing for the appellants that there cannot be two yardsticks one for the Guest Lecturers, for whom the absorption Government Order is applicable, and another for the fresh applicants like the appellants. The notification dated 16.10.2025, which is impugned in the Writ Petition is in respect of inviting application for Assistant Professors in Tamil Nadu Collegiate Educational service for Government Arts and Science Colleges and Government Colleges of Education. It is a composite notification for Government Colleges as well as Collegiate Education. The number of vacancies identified as 2708 which includes vacancy in the College of Education. While so, because earlier there were two different notifications one for the vacancy in the Government College and another for the College of Education, the appellants cannot expect the same to continue even after the process as a whole was faulted which has prompted the Government to defer the earlier Government Order and clubbed both the vacancies in the Government Arts and Science Colleges and the Colleges of Education.
4. It is also brought to the notice of this Court that a Division Bench of this Court at Principal Seat had an occasion to test the veracity of the present selection process, which is impugned in this Writ Appeal and it has been noted that as on date more than 7000 vacancies and the notification is only for filling up 2708 posts. Hence, suggested to increase the number of vacancies and fill up the posts. In any event, the case of the appellants herein falls on a different footing. They cannot claim any lenient over their earlier applications and recruitment process which has been aborted due to Court intervention and subsequent Government Orders.
5. With these observations, this Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
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