Case Note & Summary
This writ petition, filed under Article 226 of the Constitution of India, challenged the amendment of Statute 25 in Chapter IX, Volume 1, University Calendar 2016 relating to rotation of headships in University of Madras departments. The petitioner, Prof. Dr. M. Srinivasan, was a Professor and Head of the Department of Criminology, having joined as a Lecturer in 2000 and promoted to Professor in 2012. By virtue of seniority, he claimed entitlement to the headship under the original Statute 25. The Syndicate of the University of Madras, at its meeting on 14 February 2023, passed Resolution No. 75 amending Statute 25 to permit rotation of headships based on performance and merit, following an opinion survey of professors. The Senate approved the resolution on 25 March 2023, and the Chancellor of Universities assented to the amendment on 9 May 2023. The petitioner sought a declaration that the amendment was ultra vires the Madras University Act, 1923, besides being vague, incomplete, and incapable of implementation. The matter came before a Division Bench of the Madras High Court. As the provided judgment text is incomplete, no further details on arguments advanced by the parties, the court’s analysis, or the final decision are available.
Issue of Consideration
Whether the amendment of Statute 25 in Chapter IX, Volume 1, University Calendar 2016 with regard to the rotation of the Headships of the University Departments is ultra vires the Madras University Act, 1923 and illegal
Law Points
- Validity of amendment to university statute
- ultra vires Madras University Act
- 1923
Case Details
2025 LawText (MAD) (02) 113
S.M. Subramaniam, K. Rajasekar
S. Vijayakumar (for petitioner), D. Ravichander (for R2), V. Sudha (for R3-R5)
The Chancellor of Universities, The Principal Secretary to the Government (Higher Education), The University of Madras, The Vice Chancellor/Convener, The Registrar
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Nature of Litigation
Writ of declaration challenging the amendment of Statute 25 regarding rotation of headships in University of Madras departments as ultra vires the Madras University Act, 1923 and illegal
Remedy Sought
Petitioner seeks a declaration that the amendment of Statute 25 in Chapter IX, Volume 1, University Calendar 2016 as per Resolution No.75 dated 14.02.2023 of the Syndicate and approval of Senate dated 25.03.2023, assented by the Chancellor, is ultra vires and illegal
Filing Reason
The petitioner, a Professor and Head of Department of Criminology, alleged that the amendment to rotate headships based on performance and merit is contrary to seniority-based designation and ultra vires the Madras University Act, 1923
Issues
Whether the amendment of Statute 25 in Chapter IX, Volume 1, University Calendar 2016 with regard to the rotation of the Headships of the University Departments is ultra vires the Madras University Act, 1923 and illegal
Judgment Excerpts
The writ of declaration is against the amendment of the Statute 25 in Chapter IX, Volume 1, University Calendar 2016 with regard to the rotation of the Headships in the Madras University Departments as per Resolution No.75 dated 14.02.2023 of the Syndicate and approval of the Senate dated 25.03.2023 of the University of Madras as assented by the Chancellor of Universities as illegal and ultra vires to the Madras University Act, 1923.
The petitioner joined as a Lecturer on 16.11.2000 in the Department of Criminology of Madras University. He was promoted to the post of Professor in July, 2012 and by virtue of his seniority, he has been designated as the Head of the Department of Criminology as per the Statute 25 in Chapter IX, Volume 1, University Calender, being a Statute framed under Section 56 of the Madras University Act, 1923.
The Syndicate of Madras University at its meeting held on 14th February, 2023 passed a resolution amending the Statute 25 in Chapter IX, Volume 1, Laws of Universities that it had considered the opinion survey report obtained from the Professors for rotation of Headship was accepted and the rotation of Headships of the Departments of University, be executed based on the performance and merit of the professors of concerned Departments.
Procedural History
Petitioner joined as Lecturer on 16.11.2000; promoted to Professor in July 2012; designated Head of Department as per Statute 25; Syndicate passed Resolution No. 75 on 14.02.2023 amending Statute 25 to rotate headships based on performance and merit; Senate approved the amendment on 25.03.2023; Chancellor assented to the amendment on 09.05.2023; writ petition filed seeking declaration that amendment is ultra vires and illegal.
Acts & Sections
- Madras University Act, 1923: Section 56
- Constitution of India: Article 226
