IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos . 48645 and 48646 of 2025 Dr.F.X.Lovelina Little Flower ... Petitioner -Vs-

1. The Bharathiar University, Represented By Its Registrar, Coimbatore- 641 046.

2. Dr.R.Baskar ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in his proceedings No.E7/HoD/7332/2025/2 dated 28.10.2025 appointing the second respondent as Head of the Department of Social Work in the first respondent University and to quash the same as being illegal unsustainable in law and for a consequential direction to permit the petitioner to continue as the Head of the Department of Social Work, Bharathiar University, Coimbatore being the Senior most Professor in the Department of Social Work in the first respondent University.

For Petitioner : M/s.N.Kavitha Rameshwar For R1 : Mr.I.Calvin Jones for M/s Ajmal Associates For R2 : Mr.R.Amardeep for M/s Tamizh Law Firm

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 28.10.2025, thereby appointing the second respondent as Head of the Department of Social Work in the first respondent University. 2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was initially appointed as Reader in Social Work in the Department of Sociology and Population Studies in the first respondent on 12.01.2008. Thereafter, she was designated as Associate Professor and subsequently promoted to the post of Professor with effect from 21.01.2014. Since she was the senior most Professor, she was appointed as Head of the Department with effect from 01.07.2015, as per Section 45 of the Bharathiar University Act, 1981 (herein after called as “the Act”). Now, the first respondent appointed the second respondent as Head of the Department in charge of Social Work and directed the petitioner to handover the charge to the second respondent.

4. The learned counsel for the petitioner submits that the petitioner is only a Professor in the Department of Social Work. But the second respondent is only an Associate Professor and he is junior to the petitioner. Therefore, the appointment of the second respondent as Head of the Department in charge is illegal and against the provisions of the Act.

5. She relied upon the Judgment of this Court in W.P.No.13416 of 2021 dated 01.11.2022 and this Court held that the provisions under Section 45(1) of the Act is clear that when there are more than one Professor in any Department, the seniority shall be followed in the appointment of the Head of the Department, Dr.K.Srinivasan ought to have been continued as the Head of the Department (Physics) as he is the senior most among the Professors in the said Department.

6. It is relevant to extract the provisions under Section 45(1) of the Act as follows:-

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

(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 appointments shall be as prescribed in the ordinances, provided that if there is more than one Professor in any Departments, the Head of the Departments shall be appointed in the manner prescribed by the ordinance:

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 ordinance.

The same has been reiterated in the Statutes. As per the Ordinance issued by the University pursuant to the Act and Statutes.

I. Mode of Appointment:

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 o