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2026 Supreme(Mad) 327

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

Advocates Appeared:
For the Petitioner: Mr.R.Balakrishnan
For the Respondent:Mr.R.Baskaran, Additional Advocate General assisted by Mr.M.Sarangan, Additional Government Pleader Mr.T.Amjad Khan, Government Advocate

The court affirmed that while governmental policy on recruitment may change, prior commitments regarding employment must be honored, ensuring fair treatment of existing staff.

Headnote:(A) Article 226 of the Constitution of India - Writ petitions filed challenging government orders regarding the recruitment of Assistant Professors in Government Arts and Science Colleges and regularization of guest lecturers - The petitioners contested the legality of the government orders superseding a prior order that was to regularize their services. (Paras 1, 3-4)

(B) Administrative Law - The court ruled on the procedural legitimacy of government orders affecting employment conditions of guest lecturers, establishing that policy changes require proper implementation and adherence to prior commitments. (Paras 4-5)

(C) Education Law - The government’s unilateral decision to shift to a competitive examination without accommodating previous orders is significant for educational policy continuity. (Paras 2-5)

Facts of the case:
Petitioners are guest lecturers seeking regularization following a government order that recognized their qualifications. The government later issued orders intending to fill positions via competitive examinations, disregarding their claim. (Paras 2-3)

Findings of Court:
The court recognized that the essence of prior orders and government commitments should be considered before proceeding with new recruitment policies. (Paras 6-8)

Issues: The core issues included the legality of the new recruitment orders and their impact on the petitioners' status as guest lecturers.

Ratio Decidendi: The court concluded that while the government has the right to change recruitment policies, it must also respect previous commitments made to staff regarding regularization, ensuring fair opportunity and process.

Result: Writ petitions closed with liberty to petitioners to pursue remedies based on pending appeals.

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,

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