Dr.N.Nagarajan v. Dr.R.Nandakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026 CORAM: THE HONOURABLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and C.M.P.(MD)Nos.15721 of 2025 & 4415 of 2026 W.A.(MD)No.2808 of 2025 Dr.N.Nagarajan

... Appellant -vs-

1..Dr.R.Nandhakumar

¶2The Government of Tamilnadu, Represented by the Secretary, Department of Higher Education, Fort St.George, Chennai - 9.

¶3The Director of Collegiate Education, Office of the Director of Collegiate Education, 9th Floor, E.V.K. Sampath Buildings, College Road, Chennai - 600 006.

¶4The Joint Director of Collegiate Education, Office of the Director of Collegiate Education, College Road, Chennai - 600 006.

5.The Virudhunagar Hindu Nadar's Senthilkumara Nadar College, Rep.by its Correspondent, Virudhunagar – 626 001, Virudhunagar District. ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 25.07.2025 passed in passed in W.P.(MD) No.21851 of 2017. For Appellant : Mr.V.Paneer Selvam For Respondents : Mr.J.Ashok, Addl. Govt. Pleader for R2 to R4 Mr.G.Karthik, for M/s.Roy and Roy Associates for R1 Mr.V.Ramakrishnan for R5 W.A.(MD)No.493 of 2026 The Virudhunagar Hindu Nadar's Senthilkumara Nadar College, Rep.by its Correspondent, Virudhunagar – 626 001, Virudhunagar District.

... Appellant -vs-

1..Dr.R.Nandhakumar

¶2The Government of Tamilnadu, Represented by the Secretary, Department of Higher Education, Fort St.George, Chennai - 9.

¶3The Director of Collegiate Education, Office of the Director of Collegiate Education, 9th Floor, E.V.K. Sampath Buildings, College Road, Chennai - 600 006.

¶4The Joint Director of Collegiate Education, Office of the Director of Collegiate Education, College Road, Chennai - 600 006.

5.Dr.N.Nagarajan ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 25.07.2025 passed in passed in W.P.(MD) No.21851 of 2017. For Appellant : Mr.V.Paneer Selvam For Respondents : Mr.J.Ashok, Addl. Govt. Pleader for R2 to R4 Mr.G.Karthik, for M/s.Roy and Roy Associates for R1 Mr.V.Ramakrishnan for R5 COMMON JUDGMENT [Delivered by N.SATHISH KUMAR, J.] For the sake of convenience, the parties are referred to as per their rank in W.A.(MD)No.2808 of 2025.

¶2W.A.(MD) No.2808 of 2025 has been filed challenging the order of the learned Single Judge, setting aside the selection of the appellant as Assistant Professor in the Department of Zoology at the Virudhunagar Hindu Nadar's Senthikumara Nadar College.

¶3The learned Single Judge, considering the fact that the very selection was made contrary to the notification, set aside the selection of the appellant.

¶4The learned counsel appearing for the appellant would submit that the appellant has been selected in the year 2017 and the selection was also approved by the authorities and he has been continuously working as Assistant Professor in the Department of Zoology. However, his selection was set aside on the ground that the selection was made contrary to the notification.

¶5We have heard the learned counsel appearing on either side and perused the materials available on record.

¶6On a perusal of the notification dated 10.05.2017, it is seen that one post was reserved for Schedule Caste (Arunthathiyar). Though the first respondent/Writ Petitioner also participated in the interview, he was not selected, whereas the appellant (SC) was selected as a qualified candidate, which, in our view, is totally contrary to the notification, as the appointment has not been approved by the selection committee. Therefore, we do not find any infirmity in the order of the learned Single Judge.

¶7However, now it is brought to the notice of this Court that the first respondent/Writ Petitioner is also willing to join any vacant post in the College Management. The learned counsel appearing for the College Management would submit that they are appointing the first respondent/Writ Petitioner in the vacant post and they have to send a proposal within a week to the authorities concerned for approval.

¶8The learned Additional Government Pleader appearing for the respondents 2 to 4 would submit that if a proposal is submitted, the same will be considered and appropriate orders will be passed.

¶9In view of the above, this Court directs the 5th respondent to send a proposal to the Government for approval of the appointment of the first respondent/Writ Petitioner, within a period of one week. If any proposal is made, respondents 2 to 4 are directed to consider the same sympathetically, since the appellant's appointment was approved in the year 2017 and is working continuously. Such order shall be passed within a month.

¶10With the above directions, these Writ Appeals are disposed of. No costs. Consequently, interim applications stand closed. [SUSHRUT ARVIND DHARMADHIKARI, C.J.] [N.SATHISH KUMAR, J.]

30.03.2026

NCC : Index : Internet: Yes / No vsm To:

¶1The Government of Tamilnadu, Represented by the Secretary, Department of Higher Education, Fort St.George, Chennai - 9.

¶2The Director of Collegiate Education, Office of the Director of Collegiate Education, 9th Floor, E.V.K. Sampath Buildings, College Road, Chennai - 600 006.

¶3The Joint Director of Collegiate Education, Office of the Director of Collegiate Education, College Road, Chennai - 600 006. W.A.(MD),Nos.2808,of,2025,and,493,of,2026 THE,HON'BLE,CHIEF,JUSTICE and ,N.SATHISH,KUMAR,,,J., vsm W.A.(MD),Nos.2808,of,2025,and,493,of,2026

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