E.Chandra vs The Registrar

2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2026
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
W.A.NOS.160, 88 AND 163 OF 2026
AND
CMP NOS.1270, 1279, 767, 768, 1281 AND 1284 OF 2026
W.A.NO.160 OF 2026
Dr.E.Chandra
D/o. K.R.Eswaran
Professor & HoD
Department of Computer Science
Bharathiar University,
Coimbatore – 641 046. … Appellant

Vs.
1.The Registrar
Bharathiar University,
Coimbatore – 641 046.
2.Dr.P.Porkodi
Professor
Department of Computer Science
Bharathiar University,
Coimbatore – 641 046. … Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order dated 11.11.2025 passed in W.P.No.43517 of
2025.
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
For Appellant : Mrs.N.Kavitha Rameshwar
For Respondent-1 : Mr.M.Ajmal Khan
Senior Counsel
Assisted by Mr.S.Nambi Arooran
for M/s.Ajmal Associates
W.A.NO.88 OF 2026
K.Sangeetha
D/o. M.Krishnaswamy
Professor & HoD
Department of Textile & Apparel Design,
Bharathiar University,
Coimbatore – 641 046. … Appellant

Vs.
1.The Registrar
Bharathiar University,
Coimbatore – 641 046.
2.Dr.S.Grace Annapoorani
Professor
Department of Textile & Apparel Design,
Bharathiar University,
Coimbatore – 641 046. … Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order dated 11.11.2025 passed in W.P.No.43508 of
2025.
For Appellant : Mrs.N.Kavitha Rameshwar
For Respondent-1 : Mr.M.Ajmal Khan
Senior Counsel
Assisted by Mr.S.Nambi Arooran
for M/s.Ajmal Associates
For Respondent-2 : No appearance
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
W.A.NO.163 OF 2026
Dr.N.Ponpandian
S/o. P.Nagamony
Professor & HoD
Department of Nano Science and Technology,
Bharathiar University,
Coimbatore – 641 046. … Appellant

Vs.
1.The Registrar
Bharathiar University,
Coimbatore – 641 046.
2.Dr.P.T.Rajendra Kumar
Professor
Department of Nano Science and Technology,
Bharathiar University,
Coimbatore – 641 046. … Respondents
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order dated 11.11.2025 passed in W.P.No.43513 of
2025.
For Appellant : Mrs.N.Kavitha Rameshwar
For Respondent-1 : Mr.M.Ajmal Khan
Senior Counsel
Assisted by Mr.S.Nambi Arooran
for M/s.Ajmal Associates
COMMON JUDGMENT
(Judgment of the Court was made by S.M.Subramaniam, J.)
Under assail are the writ orders dated 11.11.2025 passed in
W.P.No.43517 of 2025, W.P.No.43508 of 2025 and W.P.No.43513 of
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
2025 respectively. The writ petitioners are the appellants before this
Court.
2.The facts in brief are that the appellant in W.A.No.160 of
2026 was initially appointed as Professor in the Department of Computer
Science in Bharathiar University on 13.04.2015. Thereafter, she was
appointed as Head of the Department with effect from 16.09.2015. The
University appointed the second respondent - Dr.P.Porkodi as Head of
the Department of Computer Science vide Proceedings dated
22.10.2025. Thus, the writ petition in W.P.No.43517 of 2025 came to be
instituted.
3.Likewise, the appellant in W.A.No.88 of 2026 was initially
appointed as Professor in the Department of Textiles and Apparel Design
in Bharathiar University on 24.10.2014. Thereafter, she was appointed as
Head of the Department with effect from 02.12.2015. The University
appointed the second respondent -Dr.S.Grace Annapoorani as Head of
the Department of Textiles and Apparel Design vide Proceedings dated
22.10.2025. Thus, the writ petition in W.P.No.43508 of 2025 came to be
instituted.
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
4.Similarly, the appellant in W.A.No.163 of 2026 was initially
appointed as Reader in the Department of Nano Science and
Technology in Bharathiar University on 12.01.2008. He was
re-designated as Associate Professor with effect from 01.03.2011.
Thereafter, he was appointed as Head of the Department with effect from
01.07.2015. The University appointed the second respondent-
Dr.R.T.Rajendra Kumar, as Head of the Department of Nano Science
and Technology vide Proceedings dated 22.10.2025. Thus, the writ
petition in W.P.No.43513 of 2025 came to be instituted.
5.The learned counsel appearing on behalf of the appellants
would mainly contend that Section 45 of the Bharathiar University Act,
1981 speaks about the Terms and Conditions of Service of Heads of
Departments, which reads as under:
“ 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 appointment shall be as prescribed by
the ordinances:
Provided that if there is more than one
Professor in any Department, the Head of the
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
Department shall be appointed in the manner
prescribed by the ordinances:
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
ordinances.
(2) It shall be open to a Professor or
Assistant Professor or Reader to decline the offer of
appointment as Head of Department.
(3) A person appointed as Head of the
Department shall hold office as such for a period of
three years and shall be eligible for reappointment.
(4) A Head of the Department may resign his
office at any time during his tenure of office.
(5) A Head of the Department shall perform
such functions as may be prescribed by the
ordinances.”
6.Sub-section (1) to Section 45 stipulates that each
Department of the University shall have a Head who shall be a Professor
or Director. Sub-section (3) to Section 45 states that the term of office of
the Head of the Department is three years. Therefore, a person
appointed as Head of the Department shall hold the office for a period of
three years and shall be eligible for re-appointment. Thus, the Bharathiar
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
University Act, 1981 contemplates three years tenure for the post of
Head of the Department and re-appointment can be made by the
University.
7.The learned counsel appearing on behalf of the appellants
would rely on Ordinance 2001 which speaks about the mode of
appointment. It states that “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.”

8.A conjoint reading of Section 45(3) of the Bharathiar
University Act, 1981 Act and the Ordinance 2001 would show that a
Senior Professor may be appointed as a Head of the Department for a
period of three years. However, such Professor can be re-appointed by
the University.
9.The learned counsel appearing on behalf of the appellants
relying on Ordinance 2001 would submit that the appellants are the
senior-most Professors and therefore, they are entitled to continue as
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
Heads of the Departments. Admittedly, they have served as Heads of the
Department for about ten (10) years.
10.The learned Senior Counsel appearing on behalf of the
first respondent – University would oppose by stating that Ordinance
4(IV) issued by the University Grants Commission speaks about the
Head of the Department of Studies and powers and functions of the
Head of the Department. Clause I (1) of the Ordinance 4(IV) issued by
the University Grants Commission, reads as under:
“I. Appointment of the Head of the Department of
Studies : (E.C. Res. No.10, Date 12.09.2006)
1.Each department of studies shall have a
Head who shall be a Professor, provided that if there
is more than one Professor, the Head of the
Department shall be appointed by the Vice-
Chancellor by observing the principle of rotation from
amongst the Professors according to seniority for a
period of three years.”
In terms of the Ordinances issued by the University Grants Commission,
Head of the Department shall be appointed by the Vice-Chancellor by
observing the principle of rotation from amongst the Professors according
to seniority for a period of three years.
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
11.Therefore, the word “seniority” employed under
Bharathiar University Act, 1981 as well as the word “seniority” employed
in Ordinance 4(IV) issued by the University Grants Commission have to
be read together. Further, the tenure of office of the Head of the
Department is three years and appointment is to be made amongst the
Professors based on seniority and on rotational basis. For example, a
senior-most Professor will get his first opportunity to hold the post of
Head of the Department and on completion of his three years of period,
the next senior-most will be appointed as Head of the Department in
consonance with the provisions of the Bharathiar University Act, 1981
and the Ordinance 2001 issued by the University Grants Commission.
12.In the present case, the writ Court has relied on a Division
Bench judgment of this Court in the case of Prof.Dr.M.Srinivasan Vs.
The Chancellor of Universities, Raj Bhavan – Tamil Nadu, Guindy,
Chennai – 600 022 and others , in W.P.No.5862 of 2024 dated
25.02.2025 , wherein the relevant statutory provisions applicable to the
case were considered and relied upon.
13.Even in the present case, the Bharathiar University Act,
1981 stipulates that the tenure of the Head of the Department is three
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
years. The Ordinance of the University Grants Commission states that
appointment of Head of the Department is on rotational basis and the
senior-most Professor shall be appointed as Head of the Department.
14.The objective of the scheme of “rotational basis” is to
ensure equal opportunity amongst the senior Professors to hold the post
of Head of the Department and to eliminate inequality among the senior
Professors working in a particular department in University. Thus, the
object of the provisions are laudable, as they ensure that all Senior
Professors are provided an opportunity to serve as Heads of the
Department, which would be of more beneficial to the students studying
in Universities and they will be benefited to learn subjects in different
perspectives, based on multi-dimensional views from each of the Senior
Professors working in the Department.
15.University Grants Commission Act, 1956, being an Act of
Parliament, would prevail over the State Acts. When the Universities are
recognised by the University Grants Commission under the University
Grants Commission Act and the Regulations framed thereunder, the
provisions of the said Act and Regulations will prevail over the other
State Acts.
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
16.Sub-Section (3) to Section 45 of the Bharathiar University
Act, 1981 stipulates that the term of the Head of the Department is three
years. Therefore, purposive interpretation is to be adopted so as to
ensure that the aim is achieved and equal opportunity to hold the post of
Head of the Department is provided to all the eligible senior Professors
working in the Department.
17.With the above discussions, the Writ Orders stand
confirmed and the Writ Appeals are dismissed. However, there shall be
no order as to costs. Consequently, connected Civil Miscellaneous
Petitions are closed.
[S.M.S., J.] [N.S., J.]

07.07.2026
Index : Yes
Speaking Order : Yes
Neutral Citation : Yes
TK
To
The Registrar
Bharathiar University,
Coimbatore – 641 046.
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2026:MHC:2688
W.A.NOS.160, 88 & 163 OF 2026
S.M.SUBRAMANIAM, J.
AND
N.SENTHILKUMAR, J.
TK

WA NOS.160, 88 AND 163 OF 2026

07.07.2026
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