IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED CMP.No.21405 of 2025 and WA.SR.No.38456 of 2023

1. G.Balasivasankar Petitioner-CMP/

Appellant-WA.SR Vs

1. The Secretary to Government, Higher Education Department Fort St.George, Chennai 600009

2. The Registrar, Annamalai University, Annamalai Nagar, Chidambaram 608002

3. The Director of Technical Education, Guindy, Chennai

4. University Grants Commission (UGC), Bhaghadur Shah Marg, New Delhi -2

5. All India Council for Technical Education (AICTC), Delhi Respondents-CMP/

Respondents-WA.SR Prayer:- This CMP.No.21405 of 2025 is filed, under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, to condone the delay of 847 days in representing the WA.SR.No.38456 of 2023.

Prayer:- This WA.SR.No.38456 of 2023 is filed, under Clause 15 of the Letters Patent, 1862, against the order of the Writ Court, dated 23.01.2023, passed in WP.No.7457 of 2021.

For Petitioner/Appellant : Mr.M.Muthappan For Respondent(s) : Mr.A.Selvendran, SGP-RR1 and 3 ORDER (Order of the Court was made by Shamim Ahmed, J.)

1. This CMP.No.21405 of 2025 is filed, under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, to condone the delay of 847 days in representing the WA.SR.No.38456 of 2023.

2. This WA.SR.No.38456 of 2023 is filed, under Clause 15 of the Letters Patent, 1862, against the order of the Writ Court, dated 23.01.2023, passed in WP.No.7457 of 2021.

3. The facts of the case, in a nutshell, necessary for disposal of the same, are as follows:-

(a)The Petitioner/Appellant was appointed as a Lecturer in the 2nd Respondent University on 30.11.2004 and thereafter, he was promoted as an Assistant Professor, Stage I in the year 2009. By a letter dated 15.05.2008, he was permitted to do Ph.D degree in the Indian Institute of Technology, New Delhi for the period from 2009- 2012. Extension of time was granted from 21.07.2012 to 31.12.2012 to him to complete the said Degree. However, he was not able to complete his Ph.D within the said period and he rejoined duty.

(b)The study period from 22.07.2009 to 20.07.2012 was excluded and he was not considered for promotion to the post of Associate Professor Stage III and Stage IV. The salary that was paid to the Petitioner during the study period was ordered to be recovered. The representation of the Petitioner was also rejected. Hence, the Petitioner had filed a Writ Petition in WP.No.7457 of 2021, which was dismissed by the order of the Writ Court, dated 23.01.2023. As against the same, the Petitioner had preferred WA.SR.No.38456 of 2023, on 20.03.2023, which was returned by the Registry on 24.03.2023, granting 10 days time for certain compliance. Thereafter, the present Civil Miscellaneous Petition has been filed to condone the delay of 847 days, in representing the above WA.SR.No.38456 of 2023.

4. This Court heard Mr.M.Muthappan, the learned counsel for the Petitioner and Mr.A.Selvendran, the learned Special Government Pleader for the Respondents 1 and 3.

5. The learned counsel for the Petitioner submits that the delay of 847 days in representing the above Writ Appeal had occurred due to preparation of translated copies of certain documents and that the said delay is neither deliberate nor willful and hence, the learned Counsel prays this Court to allow this Petition, by condoning the delay in representing the Writ Appeal, in the interest of justice.

6. On the other hand, the learned Special Government Pleader for the Respondents 1 and 3 submits that this Civil Miscellaneous Petition filed under Order IV Rule 9(4) of the Rules of the High Court, Madras, Appellate Side, 1965, is, prima facie, not legally maintainable and that the reasons assigned by the Petitioner for condoning such an inordinate delay are vague and not valid reasons and hence, this Civil Miscellaneous Petition is liable to be dismissed.

7. This Court has given its