Madras High Court
WA/4005/2025 of F.X.Lovelina Little Flower Vs The Bharathiar University on 24 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 4005 of 2025 AND
CMP Nos. 32480 and 32479 OF 2025
F.X.Lovelina Little Flower
D/O.M.F.Xavier, Professor
And HOD, Department Of Social Work,
Bharathiar University, Coimbatore- 641 046.
..Appellant
Vs
1. The Bharathiar University
Rep. By Its Registrar,
Coimbatore- 641 046.
2. Dr.R.Baskar
Associate Professor,
Department of Social Work
Bharathiar University
Coimbatore 641 046
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order passed by this W.P. No. 43480 of 2025 dated 11.11.2025.
For Appellant(s):
Mr.B.Vijay For Mr.R.Ramachandran
For Respondent(s):
Mr. S. Nambi Arooran
For Ajmal Associates For R1
Mr.T.Arun Kumar For
Mr. R. Amardeep For Tamizh Law Firm For R2
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the writ order dated 11.11.2025 passed in W.P.No.43480 of 2025. The writ petitioner is the appellant before this Court.
2. The facts in brief are that the appellant was initially appointed as Reader in the Department of Sociology and Population Studies on 12.01.2008. Thereafter, she was promoted as Professor with effect from 21.01.2014. The appellant being the senior most Professor in the Department, was appointed as Head of the Department with effect from 01.07.2015. While so, the University appointed the second respondent ~ Dr.R.Baskar as Head of the Department of Social Work vide Proceedings dated 28.10.2025 and asked the appellant to hand over charges to the 2nd respondent. Thus, the writ petition in W.P.No.43480 of 2025 came to be instituted.
3. The learned counsel appearing on behalf of the appellant would mainly contend that Section 45 of the Bharathiar University Act, 1981 speaks about the Terms and Conditions of Service of Heads of Departments, which reads as under:
“ 45.Terms and Conditions of Service of Heads of Departments:~
(1) Each Department of the University shall have a Head who shall be a Professor or Director, and whose duties and functions and terms and conditions of appointment shall be as prescribed by the ordinances: Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed in the manner prescribed by the ordinances: Provided further that in a Department where there is no Professor, an Assistant Professor or a Reader may be appointed as Head of the Department in the manner prescribed by the ordinances.
(2) It shall be open to a Professor or Assistant Professor or Reader to decline the offer of appointment as Head of Department.
(3) A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment.
(4) A Head of the Department may resign his office at any time during his tenure of office.
(5) A Head of the Department shall perform such functions as may be prescribed by the ordinances. .
4. Sub~section (1) to Section 45 stipulates that each Department of the University shall have a Head who shall be a Professor or Director. Sub~section (3) to Section 45 states that the term of office of the Head of the Department is three years. Therefore, a person appointed as Head of the Department shall hold the office for a period of three years and shall be eligible for re~appointment. Thus, the Bharathiar University Act, 1981 contemplates three years tenure for the post of Head of the Department and re~appointment can be made by the University.
5. The learned counsel appearing on behalf of the appellant would rely on Ordinance 2001 which speaks about the mode of appointment. It states that “Each Department of the University shall have a Head who shall be a Professor or Director. Provided that if there is more than one Professor in any department, the seniority shall be followed in the appointment of Head of the Department by the Vice~Chancellor.”
6. A conjoint reading of Section 45(3) of the Bharathiar University Act, 1981 Act and the Ordinance 2001 would show that a Senior Professor may be appointed as a Head of the Department for a period of three years. However, such Professor can be re~appointed by the University.
7. The learned counsel appearing on behalf of the appellant, relying on Ordinance 2001 would submit that the appellant is the senior-most Professor and therefore, she is entitled to continue as Head of the Departments. Admittedly, she has served as Head of the Department for about ten (10) years.
8. The learned Senior Counsel appearing on behalf of the first respondent University would oppose by stating that Ordinance 4(IV) issued by the University Grants Commission speaks about the Head of the Department of Studies and powers and functions of the Head of the Department. Clause I (1) of the Ordinance 4(IV) issued by the University Grants Commission, reads as under: “I. Appointment of the Head of the Department of Studies : (E.C. Res. No.10, Date 12.09.2006)
1. Each department of studies shall have a Head who shall be a Professor, provided that if there is more than one Professor, the Head of the Department shall be appointed by the Vice~Chancellor by observing the principle of rotation from amongst the Professors according to seniority for a period of three years.”
9. In terms of the Ordinances issued by the University Grants Commission, Head of the Department shall be appointed by the Vice~Chancellor by observing the principle of rotation from amongst the Professors according to seniority for a period of three years.
10. Therefore, the word “seniority” employed under Bharathiar University Act, 1981 as well as the word “seniority” employed in Ordinance 4(IV) issued by the University Grants Commission have to be read together. Further, the tenure of office of the Head of the Department is three years and appointment is to be made amongst the Professors based on seniority and on rotational basis. For example, a senior-most Professor will get his first opportunity to hold the post of Head of the Department and on completion of his three years of period, the next senior-most will be appointed as Head of the Department in consonance with the provisions of the Bharathiar University Act, 1981 and the Ordinance 2001 issued by the University Grants Commission.
11. In the present case, the writ Court has relied on a Division Bench judgment of this Court in the case of Prof.Dr.M.Srinivasan Vs. The Chancellor of Universities, Raj Bhavan - Tamil Nadu, Guindy, Chennai 600 022 and others, in W.P.No.5862 of 2024 dated 25.02.2025, wherein the relevant statutory provisions applicable to the case were considered and relied upon.
12. Even in the present case, the Bharathiar University Act, 1981 stipulates that the tenure of the Head of the Department is three years. The Ordinance of the University Grants Commission states that appointment of Head of the Department is on rotational basis and the senior-most Professor shall be appointed as Head of the Department.
13. The objective of the scheme of “rotational basis” is to ensure equal opportunity amongst the senior Professors to hold the post of Head of the Department and to eliminate inequality among the senior Professors working in a particular department in University. Thus, the object of the provisions are laudable, as they ensure that all Senior Professors are provided an opportunity to serve as Heads of the Department, which would be of more beneficial to the students studying in Universities and they will be benefited to learn subjects in different perspectives, based on multi-dimensional views from each of the Senior Professors working in the Department.
14. University Grants Commission Act, 1956, being an Act of Parliament, would prevail over the State Acts. When the Universities are recognised by the University Grants Commission under the University Grants Commission Act and the Regulations framed thereunder, the provisions of the said Act and Regulations will prevail over the other State Acts.
15. Sub-Section (3) to Section 45 of the Bharathiar University Act, 1981 stipulates that the term of the Head of the Department is three years. Therefore, purposive interpretation is to be adopted so as to ensure that the aim is achieved and equal opportunity to hold the post of Head of the Department is provided to all the eligible senior Professors working in the Department.
16. With the above discussions, the Writ Order stand confirmed and the Writ Appeal IS dismissed. However, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petitions are closed. (S.M.S.,J.) (K.G.R.,J.) 24-08-2026 Index: Yes Speaking order Neutral Citation: Yes KST
To
1. The Registrar Bharathiar University Coimbatore- 641 046.
2. Dr.R.Baskar Associate Professor, Department of Social Work Bharathiar University Coimbatore 641 046
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 4005 of 2025 24-08-2026