T.SUMATHI vs THE VICE CHANCELLOR
- Court
- Madras High Court
WA Nos. 3688 of 2024& 293 of
2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
AND
THE HONOURABLE MR.JUSTICE E.MANOHARAN
WA Nos. 3688 of 2024 & 293 of 2025
CNR:{HCMA011932792024}
and
CMP Nos. 29161 of 2024, CMP No. 29163 of 2024,& CMP No. 2260 of 2025
Dr.T.Sumathi, Ph.D.,
W/o. P. Sivaprakasam,
Working as Associate Professor in the
Department of Medical Biochemistry,
University of Madras,
Taramani Campus, Chennai -113.
Appellant(s)
Vs
1. The Vice Chancellor
Chair Person of Selection Committee
and Syndicate of University of Madras,
Chepauk, Chennai – 600 005.
2.The Registrar
University of Madras, Chepauk,
Chennai - 005.
Respondent(s)
PRAYER
Writ Appeal filed under clause 15 of Letters Patent to set aside the order
dated 30.07.2024 made in WP No.26566/2022 dated 30.07.2024 in so far as
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2025
directing the 1st respondent to re-constitute the selection committee for the
purpose of promotion to the post of Professor under Career Advancement
Scheme (CAS).
For Appellant :: Mr.G. Sankaran
Senior Counsel for
Mr.K. Raja
For Respondents :: Mr.R. Thirunavukkarasu
Standing Counsel
WA No. 293 of 2025
CNR:{HCMA012187982024}
1. The Vice Chancellor
Chair Person of Selection Committee
(Presently Convenor Committee)
University of Madras, Chepauk,
Chennai-600 005.
2.The Registrar
University of Madras Chepauk,
Chennai 600 005.
Appellant(s)
Vs
Dr.T Sumathi, Ph.D.,
W/o.P.Sivaprakasam,
working as Associate Professor in the
Department of Medical Biochemistry,
University of Madras, Taramani
Campus, Chennai-600 113.
Respondent(s)
WA No. 293 of 2025
PRAYER
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
dated 30.07.2024 passed in Writ Petition No 26566 of 2022.
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WA Nos. 3688 of 2024& 293 of
2025
For Appellants :: Mr.R. Thirunavukkarasu
Standing Counsel
For Respondents :: Mr.G. Sankaran
Senior Counsel for
Mr.K. Raja
J U D G M E N T
( Delivered by Dr.G.Jayachandran J. )
Dr.T. Sumathi, working as an Associate Professor in the
Department of Medical Bio-Chemistry, University of Madras, Taramani
Campus, participated in the selection process for the post of Professor in the
same Department. However, her candidature was not considered by the
Selection Committee. Hence, she approached this Court seeking issuance of
Certiorarified Mandamus to call for the Syndicate action taken report dated
17.03.2023 and the Selection Committee minutes held on 17.02.022, insofar as
non-selection of the writ petitioner is concerned, quash the same and to direct
the respondent University to promote the writ petitioner as Professor in the
Medical Bio-Chemistry Department.
2. The writ petition was opposed by the University on the premise
that the writ petitioner was found not eligible to be promoted as Professor since
her performance in the vivavoce was not impressive.
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3. The learned Single Judge, on considering the records, found that
the candidature of the writ petitioner was rejected based on the opinion
expressed by one of the members of the Selection Committee and it was not the
collective opinion of the Committee.
4. The case of the University is that the writ petitioner was given Career
Advancement as an Associate Professor with effect from 14.09.2016.
Thereafter, she submitted her CAS (‘Career Advancement Scheme’ ) application
dated 20.02.2020 for CAS promotion from Associate Professor (Stage 4) to
Professor (Stage 5). Her application for CAS promotion was processed and
after receiving satisfactory evaluation reports, she was called to appear before
the Selection Committee on 11.02.2022. However, she was not found fit and
her candidature was not recommended by the Selection Committee. The report
of the Selection Committee was placed before the Syndicate of the University.
The members of the Syndicate, on considering the report of the Selection
Committee, approved the action taken by the Selection Committee. As per
UGC Regulations, any fresh consideration for the post of Professorship can be
entertained only on fresh application and after one year moratorium period from
the date of rejection. The stand of the University was that merely possessing the
minimum qualification and requirements for the post for Professorship are not
adequate. A candidate should also be found to be eligible by the Selection
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Committee duly constituted as per the University Grants Commission norms
and in the case of the writ petitioner, the Selection Committee found the writ
petitioner not fit to be recommended for the post of Professorship.
5. However, the case of the University was overturned by the learned
Single Judge on the ground that on acquiring three years of service as an
Associate Professor in the academic level 13A and having Ph.D Degree in the
relevant discipline, the writ petitioner was eligible for promotion as Professor
under Career Advancement Scheme. The Screening-cum-Evaluation
Committee which has assessed the writ petitioner has recommended her case for
consideration. However, the Selection Committee has not recommended her
name for Professorship and the reason for not recommending is not made
available in the records produced by the University, since certain portions of the
minutes of the Selection Committee meeting were redacted. After perusing the
minutes of the Selection Committee and taking into consideration the provisions
of UGC Regulations in respect of promoting Associate Professors to the post of
Professorship, the writ petition was allowed on the following terms:
“ 36. Accordingly, this Writ Petition stands allowed on the
following terms:
(i) The impugned action taken report of the Syndicate of the
first respondent in its proceeding dated 17.03.2023 and
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impugned selection committee minutes of the first respondent
held on 11.02.2022 insofar as non-selection of the petitioner to
the post of Professor in the Department of Medical
Biochemistry shall stand quashed;
(ii) The first respondent University shall reconstitute a
Selection Committee, however, with new expert members who
are not part of the earlier Selection Committee;
(iii) The said Selection Committee shall formulate the criteria
for promotion from the post of Associate Professor to the post of
Professor and conduct the selection which may include an
interview also as per the criteria and objectively assess the
petitioner;
(iv) If the Selection Committee recommends the promotion of
the petitioner, then, the petitioner shall be promoted to the post
of Professor with effect from 14.09.2019 with all backwages,
monetary benefits and other attendant benefits;
(v) The eligibility of the petitioner will be concerning the
said date of 14.09.2019 and the subsequent initiation of
Disciplinary Proceedings will not be a bar for consideration of
promotion to the petitioner, if she is otherwise eligible;
(vi) The above exercise shall be carried out by the respondent
University within three months from the date of receipt of a
copy of this order and in the event that the petitioner succeeds,
the orders of promotion be passed and all the benefits be
granted within such period.
(vii) There shall be no order as to costs.”
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Being aggrieved by the order, the Vice Chancellor of the University as
well as the writ petitioner have come before this Court questioning the validity
of those portions of the order, which are not satisfactory to them.
6. Learned Standing Counsel appearing for the University submitted
that the process for promoting Associate Professors as Professors had already
been commenced by the University and if the writ petitioner makes a fresh
application, her candidature will be considered by the Selection Committee
constituted for the purpose.
7. However, learned Senior Counsel appearing for the writ
petitioner/appellant in W.A. No. 3688 of 2024 would submit that the learned
Single Judge ought to have allowed the writ petition and granted the relief as
prayed for directing the University to promote the writ petitioner as Professor
without undertaking any other fresh process, instead, the learned Single Judge,
though it fit to constitute a fresh Selection Committee and complete the process
within the time prescribed. The University should have at least complied with
the direction of this Court and constituted a Selection Committee forthwith.
However, the University has prolonged the process for nearly 4 years depriving
the writ petitioner of her lawful entitlement of being promoted as a Professor.
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8. After due consideration of rival submissions, we find that the
University ought to have diligently implemented the direction of the learned
Single Judge by constituting a new Expert Member Committee to assess the
writ petitioner regarding her suitability to the post of Professorship. Having
failed to do so and to the contrary, has filed the intra-court appeal in W.A. No.
293 of 2025 and more than 2 years have been lost. At the same time, the writ
petitioner has also not obtained full clearance or recommendation from the
earlier Selection Committee. In the said circumstance, we are of the view that
the writ petitioner Dr.T. Sumathi, who is the appellant in W.A. No. 3688 of
2024 be conferred with Professorship from the date of this order without any
other monetary benefits, which will avoid any further delay under the guise of
conducting fresh selection process.
9. The writ appeals are disposed of with the above directions. No
costs. Connected C.M.P.s are closed.
(G.JAYACHANDRAN J.) (E.MANOHARAN J.)
29-10-2026
Neutral Citation:Yes/No
nv
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To
1.The Vice Chancellor
Chair Person of Selection Committee
and Syndicate of University of Madras,
Chepauk, Chennai - 005.
2.The Registrar
University of Madras, Chepauk,
Chennai - 005.
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WA Nos. 3688 of 2024& 293 of
2025
DR.G.JAYACHANDRAN J.
AND
E.MANOHARAN J.
nv
WA No. 3688 of 2024
and WA No. 293 of 2025
29-10-2026
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