W.P.(MD) No.8771 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reserving the Order Date of Pronouncing the Order

15.07.2026 07.08.2026

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

W.P.(MD) No.8771 of 2026

and

W.M.P.(MD) Nos.7101 &7102 of 2026

Dr.A.Mahaboobjan ... Petitioner

-vs-

1.The State of Tamil Nadu

rep.by its Secretary to Government

Higher Education Department

St.George Fort, Chennai

2.The Vice Chancellor /

Convenor Committee

Bharathidasan University

Trichy, Trichy District

3.The Registrar

Bharathidasan University

Trichy, Trichy District ... Respondents

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W.P.(MD) No.8771 of 2026

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

a writ of certiorarified mandamus calling for the records relating to the

impugned minutes issued by the third respondent vide his proceedings in

Ref.No.2851/A1/2025 dated 29.10.2025 and quash the same as illegal in so

far as it relates to deferring the promotion to the post of Senior Professor from

the post of Professor vide Clause 2025.79.21 is concerned and consequently to

direct the respondents to promote the petitioner to the post of Senior Professor

with retrospective effect within the period that may be stipulated by this

Court.

For Petitioner :Mr.H.Mohammed Imran

for M/s.Ajmal Associates

For Respondents:Mr.M.Dinesh Hari Sudarsan

Counsel for Govt. of Tamil Nadu for R1

Mr.VR.Shanmuganathan for R2 & R3

O R D E R

For better appreciation, the brief and admitted facts that are

relevant for the disposal of this writ petition are stated hereunder:

1.1. The petitioner herein was appointed as a Professor

in the respondent – University and he joined as such on

27.12.2012. On having completed ten years of service in the

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W.P.(MD) No.8771 of 2026

post of Professor, the petitioner has made a claim for

promotion under Career Advancement Scheme (CAS) from the

post of Professor (Level-14) to the post of Senior Professor

(Level-15) in terms of the UGC Regulations on Minimum

Qualifications for Appointment of Teachers and Other

Academic Staff in Universities and Colleges and Measures for

the Maintenance of Standards in Higher Education, 2018,

notified vide notification dated 18.07.2018 (UGC Regulations,

2018) issued by the University Grants Commission (UGC), as

adopted by the State of Tamil Nadu vide G.O.(Ms) No.5, Higher

Education (H1) Department, dated 11.01.2021.

1.2. In terms of the said UGC Regulations, 2018, the

respondent – University issued a circular No.835/H4/2023,

dated 12.06.2023, inviting applications from the eligible

faculty members for promotion under CAS in the prescribed

application format and in response thereto, the petitioner has

submitted his application on 01.07.2023. The application

submitted by the petitioner was processed by the respondent –

University considering the service rendered by him from

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W.P.(MD) No.8771 of 2026

27.12.2012 to 26.12.2022 and on having confirmed that the

petitioner had the requisite minimum number of publications

i.e., ten publications, the matter was placed before the

Screening Committee held on 19.11.2024 and the case of the

petitioner was considered and recommended by the Screening

Committee to be placed before the Syndicate of the respondent

– University.

1.3. The Syndicate of the respondent – University, in

it's 255

th

meeting held on 27.11.2024, vide Item No.2024.86,

resolved that the matter be placed before the Finance

Committee for it's approval. When the matter was placed

before the 79

th

meeting of the Finance Committee, the

proposal pertaining to the promotion to the post of Senior

Professor was deferred on the ground that there exists no

provision for such a post of Senior Professor under the

Bharathidasan University Act or the Statutes framed

thereunder. Thus, it was concluded that in the absence of any

statutory provision recognizing the post of Senior Professor,

the grant of promotion under CAS cannot be considered. The

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W.P.(MD) No.8771 of 2026

conclusion of the Finance Committee was approved by the

respondent – University on 29.10.2025.

1.4. It is aggrieved by the Minutes of the respondent –

University vide Ref.No.2851/A1/2025, dated 29.10.2025,

insofar as Item No.2025.79.21 is concerned, the petitioner has

approached this Court by filing the present writ petition and

also sought for a consequential direction to the respondents to

promote him to the post of Senior Professor with retrospective

effect.

1.5. The relevant portion of the impugned minutes

which reads as under:

“2025.79.21 To consider the promotion under Career

Advancement Scheme (CAS) from

Professor (Academic Level-14) to Senior

Professor (Academic Level-15)

Resolved to defer the consideration of promotion under

the Career Advancement Scheme (CAS) from Professor

(Academic Level-14) to Senior Professor (Academic

Level-15), as the provision for said post was not part of

Bharathidasan University Act and Statutes.”

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W.P.(MD) No.8771 of 2026

1.6. At this juncture, it is necessary to note that at the

time of issuing the impugned proceedings, there was no Vice

Chancellor for the respondent – University and the functions

of the Vice Chancellor were being performed by a Committee

constituted for the said purpose.

2. In the light of the above undisputed facts, this Court has to

examine the matter. The only question that would arise for consideration in

this writ petition is as to whether the decision of the Finance Committee in it's

79

th

meeting to defer the consideration of promotion to the post of Senior

Professor on the ground that no such post exists in the respondent –

University or in it's statutes is justified or not.

3. The core contention raised by the learned counsel for the

petitioner is that there is no necessity to have any sanctioned post of Senior

Professor in order to extend the benefit of CAS, in terms of the UGC

Regulations, 2018, to a Professor on completion of ten years of service and it is

the promotion to the person as such and once the person, who was conferred

with such benefit, retired or relieved from the said post, the resultant vacancy

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W.P.(MD) No.8771 of 2026

will be only in the post of Professor and therefore, the question of the post of

Senior Professor being shown in the statute book of the respondent –

University does not arise. In other words, he submits that the promotion to

the post of Senior Professor is personal to the person holding the post of

Professor on completion of ten years of service and therefore, the question of

the post of Senior Professor being available in the statute books of the

respondent – University is a total misconception of the UGC Regulations,

2018, and the Career Advancement Scheme, by the respondents. Further, he

contends that several Professors were extended the benefit of promotion under

CAS for the past several years and it is only when the petitioner's case came

up for consideration, a discriminatory decision has been taken by the 79

th

Meeting of Finance Committee and the same was erroneously approved by the

respondent – University. Thus, he contends that the petitioner is deprived of

his legal entitlement by virtue of the resolution passed in the 79

th

Meeting of

Finance Committee and approved by the respondent – University. Thus, he

complains that the petitioner is discriminated in violation of Articles 14 and

16 of the Constitution of India. Further, he submits that, during the

pendency of this writ petition, the petitioner has attained the age of

superannuation and therefore, he is entitled for conferment of the benefit of

promotion notionally and for payment of the consequential monetary benefits.

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W.P.(MD) No.8771 of 2026

4. On the other hand, Mr.VR.Shanmuganathan, learned counsel

appearing for the respondents 2 & 3, having taken this Court to the counter-

affidavit filed by the third respondent, fairly submitted that as a matter of fact,

promotions were effected to the post of Senior Professor till the recent past

and several persons have been promoted to the post of Senior Professor

without insisting for creation or availability of the post of Senior Professor in

the statute book of the respondent – University, but it is because of the

decision taken by the Finance Committee, the respondent – University cannot

proceed further and unless and until the statutes are appropriately amended

creating the post of Senior Professor in the respondent – University, the case

of the petitioner for promotion to the post of Senior Professor cannot be

considered. He further submits that though the case of the petitioner was

already cleared and recommended by the Screening Committee, the same is

required to be placed before the Selection Committee to be constituted by the

Vice Chancellor of the respondent – University and the petitioner has to

undergo the interaction with the Selection Committee and then only the

matter can be placed before the Syndicate for taking appropriate decision. He

also drew the attention of this Court to the relevant UGC Regulations, 2018,

which provides for interaction with the Selection Committee etc. Thus, he

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W.P.(MD) No.8771 of 2026

contends that once the post of Senior Professor is created in the respondent –

University, appropriate steps would be taken to consider the case of the

petitioner, in accordance with law, for conferment of promotion to the post of

Senior Professor.

5. This Court has carefully considered the submissions made on

either and also perused the entire materials on record.

6. It is not in dispute that the Screening Committee has already

cleared the case of the petitioner for promotion to the post of Senior Professor

i.e., from Level-14 to Level-15, under CAS, in terms of the UGC Regulations,

2018, and recommended the same to the Syndicate of the respondent –

University. However, before the matter is placed before the Syndicate, the

matter was placed before the Finance Committee and the Finance Committee

decided to defer the promotions to the post of Senior Professor on the ground

that there is no post of Senior Professor available in the statute book of the

respondent – University.

7. Whether the said decision of the Finance Committee is in

accordance with law or not is to be examined.

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W.P.(MD) No.8771 of 2026

8. A careful perusal and consideration of the UGC Regulations,

2018, read with the Government Order in G.O.(Ms) No.5, dated 11.01.2021,

shows that absolutely there is nothing to indicate that there was any necessity

to create the post of Senior Professor so as to extend the benefit of CAS to the

eligible Professor by promoting him to the post of Senior Professor i.e., from

Level-14 to Level-15. The Career Advancement Scheme itself has been

introduced with a view to encourage the teaching staff and to avoid stagnation

in a particular post for a long period and to avoid frustration among the

teaching staff. The implementation of the UGC Regulations, 2018, is

mandatory on the part of the respondent – University and this aspect of the

matter is also governed by various Regulations issued by UGC. It is only in

terms of the UGC Regulations, 2018, the respondent – University issued a

circular No.835/H4/2023, dated 12.06.2023, inviting applications from the

eligible Professors for promotion to the post of Senior Professor. In response

to the said circular only, the petitioner submitted his application and the

same was considered and recommended by the Screening Committee. If the

stand of the Finance Committee is to be accepted, it is not understood as to

why the respondent – University has issued the said circular and invited

applications for promotion to the post of Senior Professor. The Finance

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W.P.(MD) No.8771 of 2026

Committee appears to have not understood the very Scheme of Career

Advancement and the purport of UGC Regulations, 2018, in it's proper

perspective. When the benefit of promotion to the post of Senior Professor is

with reference to a specific person on satisfying the eligibility criteria of

number of years of service and number of publications etc., and the said post

is not going to exist once the said person gets relieved from the said post, the

question of creating a post in the cadre of Senior Professor does not arise.

When such a promotion is governed by a statutory scheme formulated by the

UGC, as adopted by the State of Tamil Nadu, the view of the Finance

Committee that there should be a post of Senior Professor so as to consider

the request of a Professor for promotion to the post of Senior Professor under

CAS is totally erroneous and suffers from sheer non-application of mind. This

is also evident from the fact that the respondent – University admittedly has

already undertaken such promotions from the post of Professor to the post of

Senior Professor under CAS from time to time for the past several years and

the latest of the same being vide proceedings bearing Ref.No.39941/A1/2023,

dated 30.01.2024. It is also an admitted fact that several Professors have

been conferred with the benefit of promotion under CAS to the post of Senior

Professor for all these years as is evident from the counter-affidavit of the third

respondent at Paragraph No.14, which reads as under:

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W.P.(MD) No.8771 of 2026

“14. It was further submitted that the averments in

Paragraph 8 of the affidavit of the writ petitioner, to the

effect that, till 30.01.2024, the petitioner's seniors were

granted the post of Senior Professor, are correct. It is

submitted that, at the relevant time, approvals were

accorded by the Vice-Chancellor prior to the subsequent

decision requiring that all promotions under the CAS be

placed before the Finance Committee for approval, in order

to avoid potential audit objections.”

The only reason for taking a different approach in the case of the petitioner

alone appears to be that the post of Vice Chancellor is vacant and the same is

being administered by a Committee and the said Committee appears to be

totally unaware of the Scheme of Career Advancement and not ready to take

any responsibility and instead made an attempt to shurk it's responsibility,

thereby prejudicing the rights of the petitioner.

9. No doubt, it is contended in the counter-affidavit that mere

recognition by the Screening Committee will not entitle the petitioner to claim

promotion to the post of Senior Professor as a matter of right, unless he

undergoes the required procedures as contemplated under the UGC

Regulations, 2018, which contemplates interaction with the Selection

Committee constituted in accordance with the UGC Regulations, 2018, for

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W.P.(MD) No.8771 of 2026

claiming the benefit of promotion from Level-14 to Level-15. The relevant

portion from the UGC Regulations, 2018 reads as under:

“V. Professor (Academic Level 14) to Senior Professor

(Academic Level 15)

A Professor can be promoted to the post of Senior

Professor under the CAS. The promotion shall be based

on academic achievement, favourable review from three

eminent subject-experts, who are not of the rank lower

than the rank of a Senior Professor or a Professor

having at least ten years of experience. The selection

shall be based on 10 best publications during the last

10 years and interaction with a Selection Committee

constituted in accordance with these Regulations.”

10. From the above, it is evident that the promotion shall be

based on the academic achievement, favourable review from three eminent

subject-experts, who are not of the rank lower than the rank of a Senior

Professor or a Professor having at least ten years of experience and the

selection shall be based on ten best publications during the last ten years and

interaction with the Selection Committee.

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11. Insofar as the first two steps are concerned, the petitioner has

already cleared and his case was accordingly, recommended by the Screening

Committee. What is left is only the interaction with the Selection Committee.

It is only the interaction with the Selection Committee, but not an interview,

thereby indicating that it is only a mere formality. But, for the failure of the

respondents to act in accordance with law, the petitioner would have got the

benefit of promotion to the post of Senior Professor while he was in service.

Therefore, merely because the petitioner has retired from service during

pendency of this writ petition, shall not deprive him of his legal entitlement,

and it is the duty of this Court to remedy such blatant errors and render

justice.

12. As this Court has already come to the conclusion that the

action of the Finance Committee as well as the respondent – University in

being indifferent to the case of the petitioner for promotion to the post of

Senior Professor is erroneous, discriminatory and is a result of failure to

understand the very Career Advancement Scheme, the impugned proceedings

dated 29.10.2025 is liable to be declared as highly arbitrary, illegal and the

one suffers from non-application of mind and as such the same is liable to be

quashed.

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W.P.(MD) No.8771 of 2026

13. Accordingly, the impugned proceedings, dated 29.10.2025,

issued by the third respondent, is hereby quashed with a further direction to

the respondents to process the claim of the petitioner for promotion from the

post of Professor (Level-14) to the post of Senior Professor (Level-15) in the

respondent – University by duly constituting a Selection Committee and

subject the petitioner to formality of interaction with the Selection Committee

taking into consideration the observations made hereinabove and extend the

benefit of promotion to the petitioner to the post of Senior Professor (Level-15)

under CAS notionally and to release all other consequential benefits, including

monetary benefits, to the petitioner, as expeditiously as possible, at any rate,

within a period of two months from the date of receipt of a copy of this order.

14. Accordingly, this writ petition is allowed. No costs.

Consequently, connected miscellaneous petitions are closed.

07.08.2026

NCC :Yes / No

Index :Yes / No

Internet:Yes / No

Speaking / Non-Speaking Order

krk

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W.P.(MD) No.8771 of 2026

To:

The Secretary to Government,

Higher Education Department,

State of Tamil Nadu,

St.George Fort, Chennai.

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W.P.(MD) No.8771 of 2026

MUMMINENI SUDHEER KUMAR, J.

krk

ORDER

IN

W.P.(MD) No.8771 of 2026

and

W.M.P.(MD) Nos.7101 &7102 of 2026

07.08.2026

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