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.48659 and 48660 of 2025 Dr. N. Ponpandian ... Petitioner -Vs-

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

2. Dr. R.T.Rajendra Kumar ... 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/7332/2025/5-1 dated 22.10.2025 appointing the second respondent as Head of the Department of Nano Science and Technology 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 Nano Science and Technology, Bharathiar University, Coimbatore being the senior most in the department of Nano Science and Technology in the first respondent University. 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 22.10.2025, thereby appointing the second respondent as Head of the Department of Nano Science and Technology 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 the Department of Nano Science and Technology in the first respondent University on 12.01.2008. Thereafter, he was re-designated as Associate Professor with effect from 01.03.2011 and thereafter, he 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 of Nano Science and Technology and directed the petitioner to handover the charge to the second respondent.

4. The learned counsel for the petitioner submits that the petitioner is the senior most Professor and he was already holding the post of Head of the Department from 01.07.2015. 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 admittedly, he is the senior most amongst 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 of Head of the Department by the Vice Chancellor.

Provided fur