Facts
The appellants, three senior Professors at Bharathiar University, had served as Heads of Department (HoD) for approximately ten years
Source reference: para. 9In October 2025, the University issued proceedings appointing other Professors as the new HoDs, effectively replacing the appellants
Source reference: paras. 2-4The appellants challenged these appointments via writ petitions, which were dismissed by the writ court on November 11, 2025
Source reference: para. 1, 12The appellants then filed these writ appeals, contending that as the senior-most Professors, they were entitled to continue in their positions
Source reference: para. 9Issues
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
Source reference: paras. 6, 112. Whether University Grants Commission (UGC) regulations regarding the rotation of HoD positions prevail over state university practices
Source reference: para. 15Law Applied
Section 45 of the Bharathiar University Act, 1981, which stipulates that the term for an HoD is three years, with eligibility for reappointment
Source reference: para. 5-6Ordinance 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
Source reference: paras. 7, 10The principle of federal supremacy, noting that the University Grants Commission Act, 1956, as an Act of Parliament, prevails over conflicting State Acts or practices
Source reference: para. 15Reasoning
The Court reasoned that a conjoint reading of the University Act and the UGC Ordinances necessitates a rotational system
Source reference: para. 11While 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"
Source reference: para. 11The 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
Source reference: para. 14Since 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
Source reference: paras. 9, 13, 16Holding
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
The Court dismissed the writ appeals and confirmed the orders of the writ court
Source reference: para. 17The University’s decision to appoint new HoDs was upheld as being in accordance with both the Bharathiar University Act and the prevailing UGC Regulations
Source reference: para. 16Original Court PDF
E.ChandravsThe Registrar
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