Dismissed¶115

N. Ponpandian v. The Registrar

Madras HC7 Jul 2026WA/163/2026

Case brief

AI extract

What is this about?

Bharathiar University Head of Department appointment; Section 45 Bharathiar University Act 1981 three-year HoD tenure; UGC Ordinance 4(IV) Clause I(1) rotation amongst Professors by seniority; Vice-Chancellor appointment of HoD; UGC Act 1956 prevails over State Acts; purposive interpretation equal opportunity senior Professors; writ appeals dismissed, writ orders confirmed; Madras High Court Division Bench S.M.Subramaniam and N.Senthilkumar; W.A.Nos.160, 88, 163 of 2026; Prof.Dr.M.Srinivasan W.P.No.5862 of 2024 dated 25.02.2025 followed.

What did the court decide?

No relief to the appellants; the Writ Orders dated 11.11.2025 stand confirmed; no order as to costs; connected Civil Miscellaneous Petitions closed. ¶115

N. Ponpandian Vs The Registrar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the appellants; the Writ Orders dated 11.11.2025 stand confirmed; no order as to costs; connected Civil Miscellaneous Petitions closed.

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Issue for consideration

Whether the writ orders dated 11.11.2025 in W.P.Nos.43517, 43508 and 43513 of 2025, upholding the University's Proceedings dated 22.10.2025 appointing new Heads of Departments, are sustainable in view of Section 45 of the Bharathiar University Act, 1981 and Ordinance 4(IV) of the University Grants Commission prescribing a three-year rotational tenure based on seniority. +1 more

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Court's answer

On a conjoint reading of Section 45(3) of the Bharathiar University Act, 1981 and Ordinance 2001, a Senior Professor may be appointed as Head of the Department for a period of three years, and such Professor can be re-appointed by the University.

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Ratio / Principle

The word 'seniority' employed under the Bharathiar University Act, 1981 and the word 'seniority' employed in Ordinance 4(IV) issued by the University Grants Commission have to be read together; the tenure of office of the Head of the Department is three years and appointment is to be made amongst the Professors based on seniority and on rotational basis — the senior-most Professor gets the first opportunity, and on completion of three years the next senior-most is appointed.

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Key takeaways

The objective of the scheme of rotational basis is to ensure equal opportunity amongst the senior Professors to hold the post of Head of the Department and to eliminate inequality among the senior Professors working in a particular department in a University.ratio¶107
The University Grants Commission Act, 1956, being an Act of Parliament, would prevail over the State Acts; when Universities are recognised by the University Grants Commission under that Act and the Regulations framed thereunder, the provisions of the said Act and Regulations prevail over other State Acts.ratio¶108

Detailed headnote1 paragraphs

Writ Appeals under Clause 15 of the Letters Patent against writ orders dated 11.11.2025 in W.P.Nos.43517, 43508 and 43513 of 2025 — Professors/Heads of Departments of Bharathiar University challenged Proceedings dated 22.10.2025 appointing other Professors as Heads of Departments, the appellants having served as HoDs for about ten years. Held, dismissing the appeals and confirming the writ orders: (i) Section 45(3), Bharathiar University Act, 1981 fixes a three-year tenure for the Head of the Department, with eligibility for reappointment; (ii) the word 'seniority' in the Act must be read together with 'seniority' in Clause I(1) of Ordinance 4(IV) of the University Grants Commission — the Head is to be appointed by the Vice-Chancellor by rotation from amongst Professors according to seniority for three years; (iii) the University Grants Commission Act, 1956, being an Act of Parliament, prevails over State Acts; (iv) purposive interpretation of Section 45(3) ensures equal opportunity to all eligible senior Professors to hold the post of Head of the Department. No order as to costs; connected CMPs closed. (Judgment of the Court by S.M.Subramaniam, J.; Coram: S.M.Subramaniam and N.Senthilkumar, JJ.)

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2026:MHC:2688

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W.A.NOS.160, 88 & 163 OF 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.07.2026

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

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W.A.NOS.160, 88 AND 163 OF 2026 AND CMP NOS.1270, 1279, 767, 768, 1281 AND 1284 OF 2026

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W.A.NO.160 OF 2026

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Dr.E.Chandra D/o. K.R.Eswaran Professor & HoD Department of Computer Science Bharathiar University, Coimbatore – 641 046.

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… Appellant

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Vs.

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1.The Registrar Bharathiar University, Coimbatore – 641 046.

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2.Dr.P.Porkodi Professor Department of Computer Science Bharathiar University, Coimbatore – 641 046. … Respondents

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PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 11.11.2025 passed in W.P.No.43517 of 2025.

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2026:MHC:2688

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W.A.NOS.160, 88 & 163 OF 2026

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For Appellant

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For Respondent-1

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: Mrs.N.Kavitha Rameshwar

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: Mr.M.Ajmal Khan Senior Counsel Assisted by Mr.S.Nambi Arooran for M/s.Ajmal Associates

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W.A.NO.88 OF 2026

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K.Sangeetha D/o. M.Krishnaswamy Professor & HoD Department of Textile & Apparel Design, Bharathiar University, Coimbatore – 641 046.

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… Appellant

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Vs.

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1.The Registrar Bharathiar University, Coimbatore – 641 046.

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2.Dr.S.Grace Annapoorani Professor Department of Textile & Apparel Design, Bharathiar University, Coimbatore – 641 046.

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… Respondents

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PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 11.11.2025 passed in W.P.No.43508 of 2025.

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For Appellant : Mrs.N.Kavitha Rameshwar For Respondent-1 : Mr.M.Ajmal Khan Senior Counsel Assisted by Mr.S.Nambi Arooran for M/s.Ajmal Associates For Respondent-2 : No appearance

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2026:MHC:2688

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W.A.NOS.160, 88 & 163 OF 2026

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W.A.NO.163 OF 2026

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Dr.N.Ponpandian S/o. P.Nagamony Professor & HoD Department of Nano Science and Technology, Bharathiar University, Coimbatore – 641 046.

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… Appellant

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Vs.

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1.The Registrar Bharathiar University, Coimbatore – 641 046.

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2.Dr.P.T.Rajendra Kumar Professor Department of Nano Science and Technology, Bharathiar University, Coimbatore – 641 046.

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… Respondents

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PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 11.11.2025 passed in W.P.No.43513 of 2025.

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For Appellant : Mrs.N.Kavitha Rameshwar For Respondent-1 : Mr.M.Ajmal Khan Senior Counsel Assisted by Mr.S.Nambi Arooran for M/s.Ajmal Associates

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COMMON JUDGMENT

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(Judgment of the Court was made by S.M.Subramaniam, J.)

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Under assail are the writ orders dated 11.11.2025 passed in W.P.No.43517 of 2025, W.P.No.43508 of 2025 and W.P.No.43513 of

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2026:MHC:2688

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W.A.NOS.160, 88 & 163 OF 2026

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Court.

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2025 respectively. The writ petitioners are the appellants before this Court.

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2.The facts in brief are that the appellant in W.A.No.160 of 2026 was initially appointed as Professor in the Department of Computer Science in Bharathiar University on 13.04.2015. Thereafter, she was appointed as Head of the Department with effect from 16.09.2015. The University appointed the second respondent - Dr.P.Porkodi as Head of the Department of Computer Science vide Proceedings dated 22.10.2025. Thus, the writ petition in W.P.No.43517 of 2025 came to be instituted.

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3.Likewise, the appellant in W.A.No.88 of 2026 was initially appointed as Professor in the Department of Textiles and Apparel Design in Bharathiar University on 24.10.2014. Thereafter, she was appointed as Head of the Department with effect from 02.12.2015. The University appointed the second respondent -Dr.S.Grace Annapoorani as Head of the Department of Textiles and Apparel Design vide Proceedings dated 22.10.2025. Thus, the writ petition in W.P.No.43508 of 2025 came to be instituted.

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W.A.NOS.160, 88 & 163 OF 2026

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4.Similarly, the appellant in W.A.No.163 of 2026 was initially

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appointed as Reader in the Department of Nano Science and Technology in Bharathiar University on 12.01.2008. He was re-designated as Associate Professor with effect from 01.03.2011. Thereafter, he was appointed as Head of the Department with effect from 01.07.2015. The University appointed the second respondentDr.R.T.Rajendra Kumar, as Head of the Department of Nano Science and Technology vide Proceedings dated 22.10.2025. Thus, the writ petition in W.P.No.43513 of 2025 came to be instituted.

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5.The learned counsel appearing on behalf of the appellants would mainly contend that Section 45 of the Bharathiar University Act, 1981 speaks about the Terms and Conditions of Service of Heads of Departments, which reads as under:

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“ 45.Terms and Conditions of Service of Heads of Departments:-

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(1) Each Department of the University shall have a Head who shall be a Professor or Director, and whose duties and functions and terms and conditions of appointment shall be as prescribed by the ordinances:

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Provided that if there is more than one Professor in any Department, the Head of the

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W.A.NOS.160, 88 & 163 OF 2026

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Department shall be appointed in the manner prescribed by the ordinances:

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Provided further that in a Department where there is no Professor, an Assistant Professor or a Reader may be appointed as Head of the Department in the manner prescribed by the ordinances.

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(2) It shall be open to a Professor or Assistant Professor or Reader to decline the offer of appointment as Head of Department.

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(3) A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment.

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(4) A Head of the Department may resign his office at any time during his tenure of office.

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(5) A Head of the Department shall perform such functions as may be prescribed by the ordinances.”

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6.Sub-section (1) to Section 45 stipulates that each Department of the University shall have a Head who shall be a Professor or Director. Sub-section (3) to Section 45 states that the term of office of the Head of the Department is three years. Therefore, a person appointed as Head of the Department shall hold the office for a period of three years and shall be eligible for re-appointment. Thus, the Bharathiar

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W.A.NOS.160, 88 & 163 OF 2026

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University Act, 1981 contemplates three years tenure for the post of Head of the Department and re-appointment can be made by the University.

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7.The learned counsel appearing on behalf of the appellants would rely on Ordinance 2001 which speaks about the mode of appointment. It states that “Each Department of the University shall have a Head who shall be a Professor or Director. Provided that if there is more than one Professor in any department, the seniority shall be followed in the appointment of Head of the Department by the ViceChancellor.”

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8.A conjoint reading of Section 45(3) of the Bharathiar University Act, 1981 Act and the Ordinance 2001 would show that a Senior Professor may be appointed as a Head of the Department for a period of three years. However, such Professor can be re-appointed by the University.

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9.The learned counsel appearing on behalf of the appellants relying on Ordinance 2001 would submit that the appellants are the senior-most Professors and therefore, they are entitled to continue as

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W.A.NOS.160, 88 & 163 OF 2026

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Heads of the Departments. Admittedly, they have served as Heads of the Department for about ten (10) years.

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10.The learned Senior Counsel appearing on behalf of the first respondent – University would oppose by stating that Ordinance 4(IV) issued by the University Grants Commission speaks about the Head of the Department of Studies and powers and functions of the Head of the Department. Clause I (1) of the Ordinance 4(IV) issued by the University Grants Commission, reads as under:

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“I. Appointment of the Head of the Department of Studies : (E.C. Res. No.10, Date 12.09.2006)

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1.Each department of studies shall have a Head who shall be a Professor, provided that if there is more than one Professor, the Head of the Department shall be appointed by the ViceChancellor by observing the principle of rotation from amongst the Professors according to seniority for a period of three years.”

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In terms of the Ordinances issued by the University Grants Commission,

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Head of the Department shall be appointed by the Vice-Chancellor by observing the principle of rotation from amongst the Professors according to seniority for a period of three years.

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W.A.NOS.160, 88 & 163 OF 2026

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11.Therefore, the word “seniority” employed under Bharathiar University Act, 1981 as well as the word “seniority” employed in Ordinance 4(IV) issued by the University Grants Commission have to be read together. Further, the tenure of office of the Head of the Department is three years and appointment is to be made amongst the Professors based on seniority and on rotational basis. For example, a senior-most Professor will get his first opportunity to hold the post of Head of the Department and on completion of his three years of period, the next senior-most will be appointed as Head of the Department in consonance with the provisions of the Bharathiar University Act, 1981 and the Ordinance 2001 issued by the University Grants Commission.

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12.In the present case, the writ Court has relied on a Division Bench judgment of this Court in the case of Prof.Dr.M.Srinivasan Vs. The Chancellor of Universities, Raj Bhavan – Tamil Nadu, Guindy, Chennai – 600 022 and others , in W.P.No.5862 of 2024 dated 25.02.2025 , wherein the relevant statutory provisions applicable to the case were considered and relied upon.

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13.Even in the present case, the Bharathiar University Act, 1981 stipulates that the tenure of the Head of the Department is three

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2026:MHC:2688

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W.A.NOS.160, 88 & 163 OF 2026

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years. The Ordinance of the University Grants Commission states that appointment of Head of the Department is on rotational basis and the senior-most Professor shall be appointed as Head of the Department.

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14.The objective of the scheme of “rotational basis” is to ensure equal opportunity amongst the senior Professors to hold the post of Head of the Department and to eliminate inequality among the senior Professors working in a particular department in University. Thus, the object of the provisions are laudable, as they ensure that all Senior Professors are provided an opportunity to serve as Heads of the Department, which would be of more beneficial to the students studying in Universities and they will be benefited to learn subjects in different perspectives, based on multi-dimensional views from each of the Senior Professors working in the Department.

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15.University Grants Commission Act, 1956, being an Act of Parliament, would prevail over the State Acts. When the Universities are recognised by the University Grants Commission under the University Grants Commission Act and the Regulations framed thereunder, the provisions of the said Act and Regulations will prevail over the other State Acts.

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W.A.NOS.160, 88 & 163 OF 2026

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16.Sub-Section (3) to Section 45 of the Bharathiar University

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Act, 1981 stipulates that the term of the Head of the Department is three years. Therefore, purposive interpretation is to be adopted so as to ensure that the aim is achieved and equal opportunity to hold the post of Head of the Department is provided to all the eligible senior Professors working in the Department.

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17.With the above discussions, the Writ Orders stand confirmed and the Writ Appeals are dismissed. However, there shall be

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no order as to costs. Consequently, connected Civil Miscellaneous Petitions are closed.

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[S.M.S., J.] [N.S., J.] 07.07.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes TK To

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The Registrar Bharathiar University, Coimbatore – 641 046.

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