Madras High CourtEducation LawAdministrative and Public Law

Head of Department appointments must follow the principle of seniority on a three-year rotational basis.

E.Chandrav.The Registrar

Head of Department appointments must follow the principle of seniority on a three-year rotational basis.. E.Chandra vs The Registrar. Madras High Court. LawLens
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In brief

The question

1. Whether the appointment of a Head of Department under the Bharathiar University Act is a permanent tenure for the senior-most Professor or subject to a three-year rotational term

The court held

The tenure for the post of Head of Department is strictly three years and must be filled on a rotational basis among eligible senior Professors

It also directed

The Court dismissed the writ appeals and confirmed the orders of the writ court

The University’s decision to appoint new HoDs was upheld as being in accordance with both the Bharathiar University Act and the prevailing UGC Regulations

01Facts

The appellants, three senior Professors at Bharathiar University, had served as Heads of Department (HoD) for approximately ten years

¶ 9

In October 2025, the University issued proceedings appointing other Professors as the new HoDs, effectively replacing the appellants

¶ 2-4

The appellants challenged these appointments via writ petitions, which were dismissed by the writ court on November 11, 2025

¶ 1, 12

The appellants then filed these writ appeals, contending that as the senior-most Professors, they were entitled to continue in their positions

¶ 9

02Issues

i.1. Whether the appointment of a Head of Department under the Bharathiar University Act is a permanent tenure for the senior-most Professor or subject to a three-year rotational term

¶ 6, 11

ii.2. Whether University Grants Commission (UGC) regulations regarding the rotation of HoD positions prevail over state university practices

¶ 15

03Law Applied

Section 45 of the Bharathiar University Act, 1981, which stipulates that the term for an HoD is three years, with eligibility for reappointment

¶ 5-6

Ordinance 2001 of the University and Ordinance 4(IV) of the University Grants Commission, the latter of which explicitly mandates that where multiple Professors exist in a department, the Vice-Chancellor shall appoint the HoD by observing the principle of rotation based on seniority for a three-year term

¶ 7, 10

The principle of federal supremacy, noting that the University Grants Commission Act, 1956, as an Act of Parliament, prevails over conflicting State Acts or practices

¶ 15

Provisions in the judgment · 2

Letters Patent Section 15

Bharathiar University Act, 1981 Section 45

04Reasoning

The Court reasoned that a conjoint reading of the University Act and the UGC Ordinances necessitates a rotational system

¶ 11

While the appellants argued that their seniority granted them a right to remain HoD, the Court clarified that "seniority" must be read alongside the "principle of rotation"

¶ 11

The Court found that the objective of this scheme is to ensure equal opportunity among all senior Professors and prevent the monopolization of administrative roles, which ultimately benefits students through diverse academic leadership

¶ 14

Since the appellants had already served nearly ten years—well beyond the statutory three-year term—the University was justified in rotating the position to the next senior-most Professor in line with the UGC mandate

¶ 9, 13, 16

05Holding

The tenure for the post of Head of Department is strictly three years and must be filled on a rotational basis among eligible senior Professors

¶ 13

The Court dismissed the writ appeals and confirmed the orders of the writ court

¶ 17

The University’s decision to appoint new HoDs was upheld as being in accordance with both the Bharathiar University Act and the prevailing UGC Regulations

¶ 16
Madras High Court

Original Court PDF

E.ChandravsThe Registrar

Madras High Court · July 07, 2026

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