BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. Pugalendhi, J.
Dr.V.Sathish - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department – Respondent
WP(MD)Nos.36156 to 36162, 36165 to 36171 and 36216 to 36221 of 2025 and WP(MD)Nos.209 to 228 of 2026, 1480 to 1483 of 2026
Decided On : 10-02-2026
| Table of Content |
|---|
| 1. background of guest lecturers' challenges against government orders. (Para 1 , 2) |
| 2. arguments for reconsideration of recruitment processes. (Para 3 , 4 , 5) |
| 3. judicial review of government decisions impacting vacancies. (Para 6 , 7) |
| 4. interim directions regarding vacancy recruitment. (Para 8) |
| 5. closure of writ petitions with liberty to petitioners based on pending appeals. (Para 10) |
ORDER :
B. Pugalendhi, J.
The petitioners are working as guest lecturers in the Government Arts and Science Colleges. They have filed these writ petitions challenging the government orders in GO.Ms.Nos.230 and 231 Higher Education (F2) Department dated 06.10.2025. By the impugned government orders, the government have decided to fill up the posts of Assistant Professors in the Government Arts and Science Colleges by direct recruitment by way of competitive examination. The government have also accorded permission to fill up 2708 posts of Assistant Professors by conducting competitive examination. The petitioners, who are working as guest lecturers were considered by the government for direct recruitment by regularising their services vide G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020. A special committee was constituted to verify the certificates of the guest lecturers and that they would be regularised by this government order. However, this government order has not been implemented in view of Covid-19 pandemic and the government have also changed its policy by issuing government orders in GO.Ms.Nos.247 and 248 Higher Education (F2) Department dated 08.11.2022 by introducing competitive examination to fill up 4000 posts of Assistant Professors.
2.The guest lectures, who are beneficiaries of the government order in GO.Ms.No.56 Higher Education Department dated 21.03.2020 have challenged the government orders in GO.Ms.Nos.247 and 248 Higher Education (F2) Department dated 08.11.2022 before the Principal Seat in WP.Nos.1971 of 2023 , etc., batch and this court by its order dated 02.04.2024 considered the case of those petitioners and quashed the government order in GO.Ms.No.248 dated 08.11.2022 insofar as the 1146 vacancies, which have already been earmarked for regular absorption from the eligible guest lecturers as per GO.Ms.No.56 Higher Education (F2) Department dated 21.03.2020. The government have filed writ appeal as against the said order passed in WP.Nos.1971 of 2023 etc batch, dated 02.04.2024 and at the time of admission, the learned Advocate General submitted that the government have examined the issue at highest level as to the possibility of observing those guest lecturers in 1146 vacancies as directed by the writ court. In view of the said submission made by the State on 26.06.2025, the writ appeals were adjourned to 07.07.2025. While so the government have now come forward with government orders in GO.Ms.Nos.230 and 231 dated 06.10.2025 to fill up 2708 posts of Assistant Professors excluding the vacancies, which were already protected by the orders passed in WP.Nos.1971 of 2023 etc., batch, dated 02.04.2024.
3.The petitioners have filed these writ petitions that without considering their case to fill up the vacancies by absorbing them as Assistant Professors, conducting the selection process for the remaining posts would not be proper and therefore, the impugned government orders need to be interfered with.
4.The learned counsel for the petitioners submit that the petitioners are having required qualifications and they are working as guest lecturers in the Government Arts and Science Colleges for the past 15 to 20 years. Therefore, their services were considered by the government and the government have also recognised them by issuing a government order in GO.Ms.No.56 dated 21.03.2020 by constituting a special committee and to verify their qualifications as per the university grants commission norms and to regularise them. According to the learned counsel certificate verification was conducted, however,
The court affirmed that while governmental policy on recruitment may change, prior commitments regarding employment must be honored, ensuring fair treatment of existing staff.
Writ of Mandamus can compel government authorities to act on representations concerning regularization under established norms without written examinations, emphasizing fairness and equality in admin....
Appointments to Assistant Professor posts require Teachers Recruitment Board process; individual representations insufficient.
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
The main legal point established in the judgment is that the appointments made after the issuance of G.O.Ms.No.275 dated 14.12.1995 were not valid, and the exemption granted in G.O.Ms.No.35 dated 27.....
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