V. Sathish v. State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department
2026-02-10
B.PUGALENDHI
body2026
DigiLaw.ai
ORDER : B. Pugalendhi, J. The petitioners are working as guest lecturers in the Government Arts and Science Colleges. They have filed these writ petitions challenging the government orders in GO.Ms.Nos.230 and 231 Higher Education (F2) Department dated 06.10.2025. By the impugned government orders, the government have decided to fill up the posts of Assistant Professors in the Government Arts and Science Colleges by direct recruitment by way of competitive examination. The government have also accorded permission to fill up 2708 posts of Assistant Professors by conducting competitive examination. The petitioners, who are working as guest lecturers were considered by the government for direct recruitment by regularising their services vide G.O.Ms.No.56, Higher Education (F2) Department, dated 21.03.2020. A special committee was constituted to verify the certificates of the guest lecturers and that they would be regularised by this government order. However, this government order has not been implemented in view of Covid-19 pandemic and the government have also changed its policy by issuing government orders in GO.Ms.Nos.247 and 248 Higher Education (F2) Department dated 08.11.2022 by introducing competitive examination to fill up 4000 posts of Assistant Professors. 2.The guest lectures, who are beneficiaries of the government order in GO.Ms.No.56 Higher Education Department dated 21.03.2020 have challenged the government orders in GO.Ms.Nos.247 and 248 Higher Education (F2) Department dated 08.11.2022 before the Principal Seat in WP.Nos.1971 of 2023 , etc., batch and this court by its order dated 02.04.2024 considered the case of those petitioners and quashed the government order in GO.Ms.No.248 dated 08.11.2022 insofar as the 1146 vacancies, which have already been earmarked for regular absorption from the eligible guest lecturers as per GO.Ms.No.56 Higher Education (F2) Department dated 21.03.2020. The government have filed writ appeal as against the said order passed in WP.Nos.1971 of 2023 etc batch, dated 02.04.2024 and at the time of admission, the learned Advocate General submitted that the government have examined the issue at highest level as to the possibility of observing those guest lecturers in 1146 vacancies as directed by the writ court. In view of the said submission made by the State on 26.06.2025, the writ appeals were adjourned to 07.07.2025.
In view of the said submission made by the State on 26.06.2025, the writ appeals were adjourned to 07.07.2025. While so the government have now come forward with government orders in GO.Ms.Nos.230 and 231 dated 06.10.2025 to fill up 2708 posts of Assistant Professors excluding the vacancies, which were already protected by the orders passed in WP.Nos.1971 of 2023 etc., batch, dated 02.04.2024. 3.The petitioners have filed these writ petitions that without considering their case to fill up the vacancies by absorbing them as Assistant Professors, conducting the selection process for the remaining posts would not be proper and therefore, the impugned government orders need to be interfered with. 4.The learned counsel for the petitioners submit that the petitioners are having required qualifications and they are working as guest lecturers in the Government Arts and Science Colleges for the past 15 to 20 years. Therefore, their services were considered by the government and the government have also recognised them by issuing a government order in GO.Ms.No.56 dated 21.03.2020 by constituting a special committee and to verify their qualifications as per the university grants commission norms and to regularise them. According to the learned counsel certificate verification was conducted, however, they were not appointed in view of Covid-19 pandemic and the subsequent developments. Therefore the order passed in WP.Nos.1971 of 2023 .,etc batch dated 02.04.2024 has been diluted by the subsequent government order and therefore, this court has also interfered with the earlier government orders in GO.Ms.Nos.247 and 248 dated 08.11.2022 and set aside the same insofar as the vacancies, which were already earmarked for the guest lecturers vide GO.Ms.No.56. Therefore, present government orders have to be set aside. 5.The learned Additional Advocate General appearing for the State submits that there are 7198 vacancies of Assistant Professors in the Government Arts and Science Colleges and therefore, the government find it difficult to impart proper education to the students studying in the Government Arts and Science Colleges. In view of the litigations, the government is not in a position to proceed with the recruitment to fill up the posts of Assistant Professors. Therefore, the government vide GO.Ms.Nos.247 and 248 have decided to fill up the 4000 vacancies. However, the same has been interfered by some persons by filing writ petitions and this court quashed the government order insofar as the 1146 posts which were earmarked for the guest lecturers.
Therefore, the government vide GO.Ms.Nos.247 and 248 have decided to fill up the 4000 vacancies. However, the same has been interfered by some persons by filing writ petitions and this court quashed the government order insofar as the 1146 posts which were earmarked for the guest lecturers. Subsequently the government have filed writ appeals and in the writ appeals, the Division Bench considering all the facts and circumstances and also the present government orders issued in GO.Ms.Nos.230 and 231, dated 06.10.2025 has permitted the government to proceed with the selection process excluding those 1146 posts earmarked for the guest lecturers and 146 posts earmarked for Assistant Professors working in the University Constituent Colleges converted as Government Colleges. Since the Division Bench has already seized the matter and issued various directions these writ petitions are liable to be dismissed subject to the result of the writ appeals pending before the Principal Seat. 6.This court has considered the rival submissions made and perused the materials placed on record. 7.The cause of action for filing of these writ petitions is the government order in GO.Ms.No.56 Higher Education (F2) Department dated 21.03.2020. By this government order, the government have taken a policy decision to fill up the posts of Assistant Professors by absorbing the guest lecturers by constituting a committee and by verifying the certificates without conducting any competitive examination. However, this government order has not been implemented in view of Covid-19 pandemic and the subsequent development of change in the government. The government have decided to fill up 4000 posts by issuing government order in GO.Ms.Nos.247 and 248 dated 08.11.2022. However the guest lecturers, who have been protected by the government order in GO.Ms.Nos.56, have approached this court and this court has also accepted their case and directed the government to proceed with 2708 posts out of 4000 posts, excluding the 1146 posts, which have already been earmarked by the earlier government order in GOMs.No.56. However, the same has been challenged in writ appeals in WA.Nos.3763 of 2025 , etc., batch before the Division Bench. The Division Bench initially has not passed any orders based on the undertaking given by the learned Advocate General that the case of the guest lecturers would be considered at the highest level. However, the government have subsequently issued GO.Ms.No.230 and 231 dated 06.10.2025 for proceeding with the selection process of Assistant Professors through competitive examination.
The Division Bench initially has not passed any orders based on the undertaking given by the learned Advocate General that the case of the guest lecturers would be considered at the highest level. However, the government have subsequently issued GO.Ms.No.230 and 231 dated 06.10.2025 for proceeding with the selection process of Assistant Professors through competitive examination. The Division Bench has taken cognizance of the government orders in GO.Ms.Nos.230 and 231 and has passed an interim order in WA.Nos.3763 of 2025 , etc., dated 28.01.2026 as under: “12.After having heard the learned counsel appearing for the parties, especially the learned Additional Advocate General and having gone through the records, which were placed before us for our perusal, we find that the Government has found, as of now there are 7198 Assistant Professors vacancy throughout the State in various Arts and Science Colleges. When that being so, at one point of time, a decision was taken at the Higher level only to fill up 4000 vacancies out of the 7000 and odd vacancies and that is how the total number of 4000 vacancies had been figured in G.O(Ms.)No.247 and 248 and now it has been modified to 2708 through G.O(Ms.)No.231. 13. Further, the fact remains that if the vacancies are swelled to more than 7000, it cannot be conducive to restrict only to 2708 vacancies to be filled up in the current recruitment process being undertaken by the Teachers Recruitment Board as directed by the State Government through G.O(Ms.)No.231. Instead, at least the 4000 vacancies, which they wanted to fill up as per the decision taken already at the higher level in the State Government are taken up for recruitment, a considerable number of vacancies could be filled up, so that the teaching in the Arts and Science Colleges throughout the State would not be hindered and thereby, the Higher Education especially in the Arts and Science Colleges in the State of Tamil Nadu run by the State Government could be considerably improved, which would be enabling the students to get proper training as well as imparting of teaching.
Therefore in order to ensure such a situation to be created in this regard, we deem it appropriate to give the following directions as an interim measure: a) That there shall be a direction to the appellant State Government/Higher Education Department to proceed with the filling up of vacancies of Assistant Professors of at least 4000 as originally proposed excluding 1146 posts earmarked for Guest Lecturers as well as 146 posts earmarked for Assistant Professors who are working presently in University Constituent Colleges converted as Government Colleges. b) In this regard, if a clarificatory note is filed on behalf of the State Government/Higher Education Department giving such a clarification in the teeth of G.O(Ms)No.231, dated 06.10.2025, based on which, the further course of action can be decided and a suitable orders can be passed by this Court. c) In order to make such a compliance, and to file such clarificatory note as indicated herein above, we grant two (2) weeks time to the appellant State Government as well as the Higher Education Department. Hence, post these cases on 03.02.2026. As this batch of cases have become a part-heard matter, since considerable length of judicial time has already been spent in hearing the matter throughout the entire afternoon session, list this case before the present Bench after getting necessary orders from the Hon’ble Chief Justice.” 8.It is now reported that the Division Bench has also reserved the writ appeals in WA.Nos.3763 of 2025 etc.., batch for orders. As per the interim order dated 28.01.2026, the respondents are at liberty to proceed with the selection process vide GO.Ms.Nos.230 and 231 Higher Education (F2) Department dated 06.10.2025. The posts, which have been earmarked for the guest lecturers have been protected by the Division Bench in the interim order dated 28.01.2026. 9.In view of the above discussion and since the issue is sub judice before the Division Bench in writ appeals, these writ petitions are closed with liberty to the petitioners to workout their remedy based on the outcome of the writ appeals in WA.Nos.3763 of 2025 , etc., batch. No costs. Consequently connected miscellaneous petitions are closed.