The State of Tamil Nadu vs Prof Dr Rajeswaran

Court
Madras High Court

W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.3208 of 2026
CNR:{HCMA012488232026}
C.M.P.No.28412 of 2026;
W.P.No.40231 of 2026
& W.M.P.Nos.45153 & 45154 of 2026
W.A.No.3208 of 2026
The State of Tamil Nadu
Rep. by its Secretary to Government,
Law LS Department, Fort St. George,
Secretariat, Chennai-600 009.
Appellant(s)
Vs
1. Prof Dr Rajeswaran
Principal,
Government Law College,
Vellore,
residing at B/67, Renga Nagar
2nd Street, K.K.Nagar, Trichy-21
2. The Director of Legal Studies,
Kilpauk,
Chennai-600 010
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
3. Gowri Ramesh
Director of Legal Studies,
Tamil Nadu Dr.Ambedkar Law University,
Chennai
Respondent(s)
W.P.No.40231 of 2026
Prof Dr Rajeswaran
Principal,
Government Law College,
Vellore,
residing at B/67, Renga Nagar
nd
2 Street, K.K.Nagar, Trichy-21
Appellant(s)
Vs
1. The State of Tamil Nadu
Rep. by its Secretary to Government,
Law (LS) Department,
Fort St. George, Secretariat,
Chennai-600 009.
2. The Director of Legal Studies,
Kilpauk,
Chennai-600 010.
3. Gowri Ramesh
Director of Legal Studies,
Tamil Nadu Dr.Ambedkar Law University,
Chennai.
Respondent(s)
Prayer : (i) Appeal filed under Clause 15 of the Letters Patent seeking
to set aside the order dated 01.10.2026 passed by the Learned judge
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
in W.M.P.No.45154 of 2026 in W.P.No.40231 of 2026.
(ii) Writ Petition filed under Article 226 of the Constitution of
India seeking a writ of Certiorarified Mandamus calling for the records
relating to G.O.(Ms.) No.246, Law (LS) Department, dated 08.09.2026
st st
of 1 respondent herein, quash the same and direct the 1 respondent
to consider the candidature of the petitioner for empanelment for
promotion as Director of Legal Studies and in terms of his suitability
and seniority to forthwith appoint him to the said post.
For Appellant : Mr.Vijay Narayan
Advocate General
Assisted by
Mr.J.Lenin
Special Government Pleader
For Petitioner : Mr.M.Ravi
For Respondents : Mr.M.Ravi for R1
[W.A.No.3208 of 2026]
Mr.Vijay Narayan
Advocate General
Assisted by
Mr.J.Lenin
Special Government Pleader for R1
[W.P.No.40231 of 2026]
Mr.M.Guruprasad
State Government Pleader for R2
Mr.E.Om Prakash
Senior Counsel
For Mr.P.Ravi Shankar for R3
[in both W.A. & W.P.]
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
COMMON JUDGMENT
(Judgment of the Court was delivered by
G.Arul Murugan,J)
The writ appeal has been filed assailing the interim order passed
by the learned Single Judge staying G.O.Ms.No.246 dated 08.09.2026
granting temporary promotion to third respondent as Director of Legal
Studies.
2. The writ petition, pending before the learned Single Judge, is
also listed before this Court in Special List and is taken up for hearing
along with the writ appeal.
3. The writ petition has been filed challenging G.O.Ms.No.246
dated 08.09.2026 issued by Government of Tamil Nadu.
4. Earlier, the Government issued G.O.Ms.No.49, Law (LS)
Department, dated 03.03.2026, allocating the full additional charge of
the post of Director of Legal Studies to the third respondent, who was
then holding the post as Register of the Tamil Nadu of Dr.Ambedkar
Law University. In the challenge made to the G.O. in W.P.No.25005 of
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
2026, the learned Single Judge, by an interim order dated 30.06.2026,
stayed G.O.Ms.No.49, dated 03.03.2026. In the writ appeal preferred
by the State in W.A.No.2144 of 2026 assailing the said interim order
dated 30.06.2026, this Court, by order dated 23.07.2026 allowed the
appeal and set aside the interim order, by recording the statement
made by the learned Advocate General that the process to fill up the
post of Director of Legal Studies concerns to Rule 2(a) of the Special
Rules for the Tamil Nadu Legal Educational Service would be completed
within a period of two months. On the date of pronouncement, the
order issued by the State in GO.Ms.No.162, dated 21.07.2026,
replacing the third respondent with the Additional Joint Secretary, Law
Department was recorded.
5. Subsequently, the appellant issued G.O.Ms.No.246, dated
08.09.2026, granting temporary promotion to the third respondent as
Director of Legal Studies. In the challenge made to this promotion in
the writ petition, the learned Senior Judge, by an order dated
01.10.2026, observed that the temporary promotion granted to the
third respondent was contrary to the assurance given before the
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
Division Bench of this Court in the writ appeal, and consequently
granted an interim order, whereby G.O.Ms.No.246 dated 08.09.2026
was stayed. Assailing the said interim order, the present appeal has
been filed.
6. When the writ appeal is taken up for hearing today, learned
Advocate General, on instructions, submitted that the Government is
now intending to withdraw G.O.Ms.No.246 dated 08.09.2026 and they
would pursue with the promotion process in consonance with Rule 2(a)
of the Special Rules for Tamil Nadu Legal Educational Service.
7. In view of the above submission, nothing further remains to
be adjudicated in the writ appeal as well as in the writ petition. Thus,
recording the statement of Advocate General that G.O.Ms.No.246
dated 08.09.2026 stands withdrawn, the writ appeal and the writ
petition are disposed of. The State shall pursue with the promotion
process in accordance with law. There shall be no order as to costs.
Consequently, the interim applications are closed.
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
8. The statement of Advocate General that in the meantime, the
State will take steps to fill up the post temporarily, as was done when
the earlier writ appeal was disposed of, is recorded.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
29.10.2026
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The State of Tamil Nadu
Rep. by its Secretary to Government,
Law (LS) Department,
Fort St. George, Secretariat,
Chennai-600 009.
2. The Director of Legal Studies,
Kilpauk,
Chennai-600 010.
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W.A.No.3208 of 2026 &
W.P.No.40231 of 2026
THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(kpl)
W.A.No.3208 of 2026 &
W.P.No.40231 of 2026

29.10.2026
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