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2026 Supreme(Online)(Mad) 25513

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, N.Sathish Kumar, J
Dr.N.Nagarajan – Appellant
Versus
Dr.R.Nandhakumar – Respondent
W.A.(MD) No.2808 of 2025|W.A.(MD)No.493 of 2026|C.M.P.(MD)Nos.15721 of 2025 & 4415 of 2026



Advocates:
For Appellant : Mr.V.Paneer Selvam
For Respondents: Mr.J.Ashok, Addl. Govt. Pleader for R2 to R4, Mr.G.Karthik, for M/s.Roy and Roy Associates for R1, Mr.V.Ramakrishnan for R5

Appointments must strictly follow reservation notifications and require selection committee approval; violations justify setting aside selections.

Headnote:The judgment addresses a challenge to the selection of an Assistant Professor in Zoology, contrary to a 10.05.2017 notification reserving a post for Scheduled Caste (Arunthathiyar). Essential facts include the appellant's selection despite the writ petitioner's participation, approved initially but later set aside by a Single Judge for non-compliance. The Division Bench upheld the Single Judge's order, finding the selection invalid as it lacked proper committee approval. The core issue was whether the selection violated reservation norms in the notification. The ratio decidendi affirms that appointments must strictly adhere to notified reservations and require selection committee approval; deviation renders them infirm. The Writ Appeals were disposed of with directions for the college to propose the writ petitioner's appointment to a vacant post, to be considered sympathetically by authorities within specified timelines.

Table of Content
1. challenges single judge's order setting aside selection. (Para 2 , 3)
2. appellant highlights approved continuous service. (Para 4)
3. selection violated reservation and lacked approval. (Para 5 , 6)
4. directs proposal for writ petitioner's alternate appointment. (Para 7 , 8 , 9)

For Appellant : Mr.V.Paneer Selvam For Respondents : Mr.J.Ashok, Addl. Govt. Pleader for R2 to R4 Mr.G.Karthik, for M/s.Roy and Roy Associates for R1 Mr.V.Ramakrishnan for R5 COMMON JUDGMENT [Delivered by N.SATHISH KUMAR, J.]

For the sake of convenience, the parties are referred to as per their rank in W.A.(MD)No.2808 of 2025.

2. W.A.(MD) No.2808 of 2025 has been filed challenging the order of the learned Single Judge, setting aside the selection of the appellant as Assistant Professor in the Department of Zoology at the Virudhunagar Hindu Nadar's Senthikumara Nadar College.

3. The learned Single Judge, considering the fact that the very selection was made contrary to the notification, set aside the selection of the appellant.

4. The learned counsel appearing for the appellant would submit that the appellant has been selected in the year 2017 and the selection was also approved by the authorities and he has been continuously working as Assistant Professor in the Department of Zoology. However, his selection was set aside on the ground that the selection was made contrary to the notification.

5. We have heard the learned counsel appearing on either side and perused the materials available on record.

6. On a perusal of the notification dated 10.05.2017, it is seen that one post was reserved for Schedule Caste (Arunthathiyar). Though the first respondent/Writ Petitioner also participated in the interview, he was not selected, whereas the appellant (SC) was selected as a qualified candidate, which, in our view, is totally contrary to the notification, as the appointment has not been approved by the selection committee. Therefore, we do not find any infirmity in the order of the learned Single Judge.

7. However, now it is brought to the notice of this Court that the first respondent/Writ Petitioner is also willing to join any vacant post in the College Management. The learned counsel appearing for the College Management would submit that they are appointing the first respondent/Writ Petitioner in the vacant post and they have to send a proposal within a week to the authorities concerned for approval.

8. The learned Additional Government Pleader appearing for the respondents 2 to 4 would submit that if a proposal is submitted, the same will be considered and appropriate orders will be passed.

9. In view of the above, this Court directs the 5th respondent to send a proposal to the Government for approval of the appointment of the first respondent/Writ Petitioner, within a period of one week. If any proposal is made, respondents 2 to 4 are directed to consider the same sympathetically, since the appellant's appointment was approved in the year 2017 and is working continuously. Such order shall be passed within a month.

10. With the above directions, these Writ Appeals are disposed of.

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